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Full text of "Laws of the State of Illinois"

f 



vi CONTENTS. 

VILLAGES : 

An act to amend an act entitled "An act to incorporate the village of Naperville," ap- 
proved February 7, 1S57 726 

An act to change the name of Junction, in Du Page county, to the name of Turner 728 

WAREHOUSES AXD PIER COMPANIES : 

An act to incorporate the Chicago South Branch Dock Company 728 

An act to incorporate the Waukegan Warehouse and Pier Company .„.. 733 



PRIVATE LAWS. 



BEKEVOLEIS^T CORPORATIONS. 



A\ iCT to incorporate the Chicairo Home for the Friendless. In force Febru- 

ary 12, 1859. 

Sectiox 1. Be it enacted hy the People of the State of 
llinois^ represented in the General AssemUy, That Martlia 
A. Wilson, Aclaline R. Judd, Julia Dole, Jnlia A. Warner, Corporator;^. 
Anna IvI. Gibbs, Margaretta Yarien, Jane C. Hoge, Margaret 
M. Gilinaiij Lavinia ilorris, Emily F. Roj, Adaline C. Mor- 
gan, Maria Exceen, Minerva Botsford, Emma F. Haines, 
and their associates, are hereby constituted a body corporate 
and politic, by the name and style of the "Chicago Home 
for the Friendless," and by that name shall have perj^etual 
succession, and shall have power to contract and be con- 
tracted with, to sue and be sued, to plead and be impleaded, 
and to do and perform all such acts and things as are or may 
become necessary for the furtherance and advancement of 
the purposes of said incorjDoratioii as fully and as completely 
as a natural person might or could do. 

§ 2. The object and purposes of said incorporation shall Objects. 
be the relieving, aiding and providing homes for friendless 
and indigent vromen and children. 

§ 3. Any person may become an annual member of said Membership- 
corporation, vrho shall pay to the treasurer thereof the sum 
of one dollar annually, and any person may become a life 
member of said corporation who has paid or shall at any one 
time pay to the treasurer thereof the sum of ten dollars or 
more. 

§ 4. The officers of this corporation shall be a j)resident, officers, 
vice-president, secretary, treasurer and a board of female 
managers, not less than twelve, the number to be determined 
])y the members of said corporation, from time to time. The 
president, vice-president, secretary, treasurer and board of 
managers shall be elected annually, by the members of said 
— ^B. 



10 



BEISTEYOLENT COEPOKATIONS. 



Vacancy. 



Power to re- 
ceive real es- 
tate or person- 
al property. 



Astne. 



Guardianship. 



corporation on tlie Urst Monday in eacli year. All of said 
officers shall liold their respective offices for one year and 
until their successors are elected. In case of any vacancy 
in either of said offices by death, resignation or otherwise, 
the hoard of managers shall have power to fill such vacancy 
until the next annual election. The regular annual meeting 
of the officers and managers of this coi'i^oration shall be on 
the first Monday in each year. The president and secretary 
of this corporation shall be ex officio president and secretary 
of the board of managers, and shall be associated with said 
board in all matters of business pertaining to this corpora- 
tion. It shall require at least seven of said board of mana- 
gers to constitute a quorum to do business. In the absence 
of the president the vice-president shall preside as president, 
and in the absence of both, the managers may elect a presi- 
dent ])T0 teni.^ and in the absence of the secretary a secre- 
tary J9r6> tern, may be appointed. 

§ 5. The said corporation may receive, take and hold, 
either by gift, pm*chase, devise, bequest or otherwise, any 
real or personal estate for the use oi and for the advance- 
ment of the pm-poses of said corporation, whether the same 
be purchased, given, devised, bequeathed or conveyed di- 
rectly to said corporation or to any of its officers for the use 
ot said corporation, and all real or personal property held by 
or for the use of said corporation or occupied by it, shall be 
exempt from taxation. No real estate to which said corpora- 
tion shall acquire title shall [be] alienated or leased for a 
longer term than two years at onetime, except by a majority 
vote of the managers at an annual meeting or at a special 
meeting to be called lor that jDurpose, to be specified in the 
notice of said meeting. 

§ 6. The board of managers may at any time appoint 
such subordinate officers, agents and committees as they 
may deem necessary, the more efficiently to carry out the 
objects of said corporation, and they may make and enforce 
such by-laws, rules and regulations as they may deem neces- 
sary for the election and government of officers and mem- 
bers of said corporation, and to govern the admission of ap- 
plicants to the "Home of the Friendless;" also, for the gov- 
ernment, discipline and disposal of those that may be received 
as inmates, and for the conducting and managing the general 
business of said corporation. 

§ 7. The board of managers of said corporation shall be 
the legal guardians of all children that by the provisions of 
this act shall be surrendered to the said corporation, and 
they may, in their discretion, indenture such children to an 
honorable trade or employment, but in all cases provision 
shall be made in the indentm-e by which such children are 
bound to ■ service for secm-ing an education proper and 
fitting for the condition and circumstances in life of such 
children. 



BENEVOLENT COEPOEATIONS. 11 

S 8. In case of the death or leo-al mcapacity of a father, Surrender of 

^ ,• T . 1 1 . *i . , "^ • 1 i? 1 • children. 

or m case ol his abandoning or negiecting to provide tor Ins 
children, the mother shall be considered their legal guardian 
for the purpose of making a surrender of them to the charge 
and custody of this corporation, and in all cases where the 
person or persons legally authorized to act as the guardian 
or guardians of any child are not known, the mayor of the 
city of Chicago may, in his discretion, surrender such child 
to said corporation. 

§ 9. In case it shall be shown to any judge of a court of 
record or to the mayor or to any justice of the peace within 
the city of Chicago"^ that the father of any child is dead or 
has al}andoned his family, or is imprisoned for crime, and 
the mother of such child is a habitual drunkard, or is im- 
prisoned for crime, or is an inmate of a house of all-fame ; 
or if the mother of such child is dead, imprisoned for crime 
or has abandoned her lamily, and the father of such child is 
a habitual drunkard, and an unsitable person to have the 
care of such child ; or that the parents of any child have 
abandoned or neglected to provide for it, then such judge, 
mayor or justice may, if he thinks the welfare of the child 
requires it, surrender such child to said corporation. 

§ 10, Whenever complaint shall be made to the judge of Complaint. 
any court of record or to the mayor or to any justice of the 
peace of the city of Chicago that any girl under the age of 
fourteen years or any boy under the age of twelve years is 
abandoned by or is sustaining relations to its parents or 
guardians mentioned or contemplated in section nine of this 
act, it shall be the duty of such judge, mayor or justice to 
issue a warrant fur the arrest of such child and its parents, (if 
any it may have in Chicago ;) and if on testimony satisfactory 
to said judge, mayor or justice it shall appear that such child 
has no parents, or is abandoned by its parents or guardians, 
or is sustaining relations to its parent, parents or guardians 
contemplated in section nine of this act, the said judge, 
mayor or justice may, if he believes the best interests of such 
child require it, surrender such child to the care of said cor- 
poration. 

g 11. Hon. Mark Skinner shall be the iirst president; Officers. 
David J. Lake, the ^'ice-president ; E. H. Dickinson, the Iirst 
secretary; I. H. Burch, the hrst treasurer; and Mrs. Martha 
A. Wilson, Adaline Judd, Julia Dole, Julia A. Warner, 
Anna M. Gibbs, Margaretta Yarien, Jane C. Iloge, ]\Iarga- 
ret M. Gillman, Lavinia Morris, Emily S. Roy, Adaline C. 
Morgan, Marion Exceen, Minerva Botsford, Emma T. 
Haines. Harriet Brown, shall constitute the hrst board of 
managers, by virtue of this act, and shall hold their otiices 
until the first JMonday in January, 1860, and tmtil their suc- 
cessors are elected. 

§ 12. This act shall take effect and be in force from and 
after its passage, and may be repealed or amended at anytime. 
Approved Februaiy 12, 1859. 



; -' BENEVOLENT COEPORATIONS. 

■:.)rco Febri:- AX ACT to amend an act entitled "An act to incorporate Woodland Home for 
V 18, 1859. Orphans and Friendless," approved February U, 1855, 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois, represented in the General Assembly, That to enable 
i.'ustodj of the said corporation tlie better to etfectuate the objects and pur- 
chiidren. poscs of its Creation it shall have the absolute' care, custody 
and control of all such children as may be surrendered to it 
as hereinafter provided. 
Surrender of . § "• ^^ ^^'^^ ^^ ^^^^ death or incapacity of the father or 
'children. his abandoning or neglecting to provide for his family, th( 
mother shall be deemed the legal guardian of her children 
for the purpose of making a surrender of them to the charge 
and custody of the said corporation ; and in all cases where 
it is not known that there is any person within this state, 
legally authorized to act in the premises, the mayor of the 
city of Quincy shall ex oijicio be the legal guardian for the 
like purpose, and whether said surrender be made by the 
father or mother or by the mayor of said city, it shall be 
deemecf a legal surrender for tlie purposes and within the 
true intent and meaning of this act. 
Children may § ^- Whenever a child shall be surrendered to the charge 
be bound out. of Said Corporation, by an instrument in writing, signed by" 
the parent or guardian of such child, or by the mayor of the 
said city of Quincy, in such manner and form as may be 
prescribed in and by the by-laws of said corporation, said 
corporation may, in its discretion, bind out such child to 
some suitable employment, in the same manner as poor and 
indigent children may now be .bound out according to the 
laws of this state; but proper provision shall in every case 
be made and inserted in the ' indentures by which such 
child may be bound out, for securing to such child an educa- 
tion; and in the event that the father or mother or other 
relative of any such child so surrendered to said corporation, 
and thus bound out, shall, at any time- thereafter, make 
Demand bv re- demand upoii said corporation or the person to whom such 
latives. ' child shall have been bound for such child, and shall make 
it aj)pear to the satisfaction of the said mayor of the said 
city that the said father, mother or other relative of such 
child is qualified and able in air respects to support and 
maintain and educate such child, said corporation or the said 
person to whom the said corporation may have bound such 
child shall immediately surrender and deliver uj) to the 
custody of said father, mother or other relative the said 
child thus demanded. 
'.udenturcs. § ^- ^hc indenture by which any such child may be 

bound out shall be executed in duplicate by such person 
for and on behalf and in the name of said corporation as may 
be designated and appointed by the by-laws of said corpora- 
tion for that purpose on the one part and by the person 
receiving such child on the other part, before the clerk of 
the county comt of Adams county, one copy of which said 



BOAED OF TRxVDE* 18 



indenture shall be filed and preserved by said clerk among 
the records of his office, and the other copy thereof shall 
be filed and preserved by said corporation. 
Approved February 18, 1859. 



AN ACT to incorporate the Chicago Board of Trade. },j 1'orce Feb'v 

IS, 1859. 

Section 1. Be it enacted hy tJie Peojule of the Sto.te of 
Illinois^ rejyrese^ited in the General Assembly^ That the per- 
sons now composing the board of trade of the city of Chi- Body politic, 
cago, are hereby created a body politic and corporate, under 
tli'e name and style of the "Board of Trade of the City of 
Chicago;" and by that name may sue and be sued; implead 
find be impleaded; receive and hold property and eitects, 
real and jDersonal, by gift, devise or purchase-; and dispose 
of the same by sale, lease or otherwise; said property so 
held not to exceed at any time the sum of two hundred 
thousand dollars; may have a common seal, and alter the 
same from ^ time to time, and make such rules, regulations 
and by-laws from time to time, as they may think proper or 
necessary for the government of the corporation hereby 
created, not contrary to the laws of the land. 

§ 2. That the rules, regulations and by-laws of the said Bj-laws. 
existing board of trade shall be the rules and by-laws o 
the corporation hereby created, until the same shall bef 
regularly repealed or altered; and that the present officers 
of said association, known as the "Board of Trade of the 
City of Chicago,^' shall be the officers of the corporation 
hereby created until their respective offices shall regularly 
expire or be vacated, or until the election of new officers, 
according to the provisions hereof. 

^ 3. The officers shall consist of a president, one or more officers, 
vice presidents and such other officers as may be determined 
upon by the rules, regulations or by-laws of said corporation ; 
all of said officers shall respectively hold their offices for the 
length of time fixed upon b}^ the rules and regulations of 
said corporation hereby created, and until their successors 
are elected and qualified. 

^ 4. The said corporation is hereby authorized to estab- Bj-iawf. 
Hsli such rules, regulations and by-laws for the management 
of their business and the mode in which it shall be transact- 
ed, as they may think proper. 

§ 5. The time and manner of holding elections and Elections, 
making appointments of such officers as are not elected, 
shall be established by the rules, regulations or by-laws of 
said corporation. 



14 



BOAKD OF TEADE. 



irbitration. 



Awards. 



Admission and § 6. Said corporiitioii shall have the right to admit or 
expulsion expel such persons as they may see fit, in manner to be 

prescribed by the rules, regulations or by-laws thereof. 
Committees of § T. Said Corporation may constitute and appoint com- 
reference and mittecs . of reference and arbitration, and committees of 
appeals, who shall be gorerned by such rules and regula- 
tions as may be prescribed in the rules, regulations or 
by-laws, for the settlement of such matters of difi'erence as 
may be voluntarily submitted for arbitration by members of 
the association, or by other persons, not members thereof, 
the acting chairman of either of said committees, when 
sitting as arbitrators, may administer oaths to the parties 
and witnesses, and issue subp(Enas and attachments, com- 
pelling the attendance of witnesses, the same as justices of 
the peace, and in like manner directed to any constable to 
execute. 

§ 8. When any submission shall have been made in 
wi'iting, and a final award shall have been rendered, and no 
appeal taken within the time fixed by the rules or by-laws, 
then on filing such award and submission with the clerk of 
the circuit court an execution may issue upon such award, 
as if it were a judgment rendered in the circuit court; ancl 
such award shall thenceforth have the force and eflect of 
such a judgment, and shall be entered upon the judgment 
docket of said court. 

§ 9. It shall be lawful for said corporation, when they 
shall think proper, to receive and require of and from their 
officers, whether elected or appointed, good and sufiicient 
bonds for the faithful discharge of their duties and trusts: 
and the president or secretary is hereby authorized to 
administer such oaths of ofiice as may be prescribed by the 
by-laws or rules of said corporation; said bonds shall be 
made payable and conditioned, as prescribed by the rules 
or by-laws of said corporation, and may be sued and the 
moneys collected and held for the use of the party injm^ed. 
or such other use as may be determined upon by said 
corporation, 
Inspectors. § 10. Said Corporation shall have the power to appoint 

one or more persons, as they may see fit, to examine, weigh^ 
measure, gauge or inspect flour, grain, j)rovisions, liquors, 
lumber or any other article of produce or traffic, commonly 
dealt in by the members of said corporation, and the certifi- 
cate of such persoii or inspector as to the cpiality or quantity 
of any such article, or their brand or mark upon it, or upon 
any package containing such article shallbe evidence between 
buyer and seller of the quantity, grade or quality of the same, 
and shall be binding upon the members of said corporation 
or others interested, and requiring or assenting to the 
emplyment of such weighers, measurers, guagers or inspec- 
tors; nothing herein contained, however, shall compel the 
employment by any one of any such appointee. 



Bonds. 



BRIDGES. 



15 



§ 11» Said corporation may inflict fines upon any of its Fines. 
members, and collect tlie same for breach of its rules, regu- 
lations or by-laws; but no fine shall exceed five dollars. 
Sucli fines may be collected by action of debt before a 
justice of tlie peace in the name of the corporation. 

§ 12, Said corporation shall have no power or authority Power limited, 
to do or carry on any business, excepting such as is usual in 
the management of boards of trade or chambers of com- 
merce, or'as provided for in the foregoing sections of this 
l)ill. 

Approved February 18, 1859, 



AX ACT to legalize the erection of a bridge over Cache river. In force Feb'v 

23, 1859. 

Section 1. Be it enacted Jnj the People of the State of 
niinois^ rejwesentedin the General Assenihly^ That the bridge 
erected at or near the mouth of Cache river, the dividing line Bridp legai- 
between the counties of Alexander and Pulaski, and on 
section one, township seventeen north, of range one west, 
be legalized: Provided^ the same shall not be any obstruc- 
tion to the navigation of said river by flat boats and barges. 

§ 2. This act shall be in force from and after its passage. 

Approved February 24, 1859. 



AN ACT to authorize the Galena and Chicago Union Railroad Company to build In force Feb'.^ 
a bridge: IS, 1859. 

Sections" 1. Be it enacted hij the People of the State of 
Illinois^ rep^'enentedin the General Asserrdjly^ That the Gale- 
na and Chicago Union Eailroad Company, incorporated by Bridge author- 
tins state, is hereby authorized and empowered to construct ^^^*^- 
a railroad bridge across the Mississij^pi river, at or within 
one mile of the town of Fulton, in Whiteside- county: 
Provided^ the said bridge is so constructed as not materially Proviso, 
to obstruct the navigation of said river; 

Approved February 18, 1859x 



H. BKIDGES. 

Til I'orce Feb'y AN ACT to amend an act, appx-oved February 17, 1857, authorizing a compan} 
18, 1859. ' to build a bridge across the Illinois river at the city of Heurj". 



Preamble. 



Rates of toll. 
Proviso. 



Kxtensioii. 



>>oviso. 



Hight of way. 



Whereas an act approved February lYtli, 1857, authorizing 
a company to build a bridge across the Illinois river at 
the city of Henry, did not pro^dde the rates of toll to be 
charged by said bridge company; wherefore, 
Section 1. JBe it enacted hy the Peojyle of the State of 
Illinois, represented in the General Assembly, That the rates 
of toll on said bridge shall be regulated by the directors of 
said company : Provided, that the tolls shall in no case ex- 
ceed those now charged by the Peoria Bridge Company at 
Peoria. 

§ 2. The l)ridge company incorporated by the act afore- 
said shall have the right to extend the bridge authorized to 
be built, as aforesaid, from the east bank of the Illinois river, 
at low water mark, or from such point as said company may 
select, on the nearest and most practicable route to the bluff, 
by trussel-work, piling, or by earth embankment : Provided, 
that no additional tolls shall be charged for passing over that 
part of the bridge hereby authorized to be extended or pas- 
sing over said extension until the bridge across the river 
shall be completed. 

§ 3. That the company incorporated aforesaid shall have' 
the same power to enter upon and condemn lands for the 
said bridge or road that the Peoria and Bureau Valley Rail- 
road Company have, not to exceed one hundred and fifty 
feet in width. 

§ 4. This act to be in force from and after its passage. 
Approved February 18, 1859. 



}n force Fcb'r A^T ACT to amend an act entitled "An act to incorporate thd La Salle'Bridge and 
2i 1859. Ferry Company, and to authorize the building of a bridge across the Illinois 



Act amended. 



ry Company, 
river, at La Salle, passed February 1 1, 1857. 



Section 1. Be it enacted hy the PeojyJe of the state of 
Illinois, represented in the General Assembly, That the four- 
teenth section of an act entitled "An act to incorporate the 
La Salle Bridge and Ferry Company, and to authorize the 
building of a "bridge across the Illinois river at La Salle," 
passed February 11th, 1857, be so amended as to extend the 
time for tlie commencement of said bridge two years, and 
for the completion of the same fom* years from the passage 
of this act. 

§ 2; Said bridge and ferry company are hereby author- 
ized to run a ferry across the river at said La Salle, until tlie 
completion of said bridge as provided for in said act. 



BRIDGES. 17 

§ 8. All acts or parts of acts in conflict with this act are Acts repealed, 
hereby repealed. 

§ 4. This act to take effect and be in force from and after 
its passage. 

ApmovET) February 24:, 1859. 



AN ACT to authorize the persons herein named to build a bridge across Lu.«k 1" ^orce ''ebrij- 
creek, in Pope county, Illinois. ♦"'}' l'*> 1859. 

Section 1. Ue it enacted T)y the Peojyle of the State of 
Illinois, represented in the General Asseinhly, That Philip 
Vineyard, Phili]) Field and John Field and their associates, Bridge author- 
heirs and assigns, be and they are herebj^ authorized to build ^^^ * 
a toll bridge across Lusk creek, at Golconda, in Pope county, 
at the mouth of said creek, or at any other place above the 
mouth which may be selected by the said Philip Vineyard, 
Philip Field and John Field as suitable for the construction 
of said bridge : Provided, the construction of said bridge Proviso, 
shall be commenced within one year, a^id completed within 
three years -from the passage of this act. 

§ 2.' The said Philip Vineyard, Philip Field and John Toll gate. 
Field, their associates, heirs and assigns are hereby author- 
ized, after the completion of said bridge, to place a toll, gate 
at either end of said bridge, and may demand toll of any 
and every person crossing said bridge as follows : For each i^^^^^- 
head of hogs or sheep one cent; for each head of cattle 
tJiree cents; for each one horse wagon or carriage live cents; 
for each two horse wagon, drawn by horses or oxen, ten 
cents; for each three horse wagon, drawn by horses or oxen, 
fifteen cents ; for each four horse wagon, drawn by four ani- 
mals, twenty cents ; for each wagon, dra^vn l>y six animals, 
twenty-flve cents ; for each led horse, mule or ass three cents, 
for one horse andrrider Ave cents, and every foot person three 
cents. 

§ 3. That the said Philip Vineyard, Philip Field and Toil house, 
John Field and their associates, heirs and assigns shall have 
the right to erect a suitable house at either end of said bridge 
for the convenience of a collector of rolls: Provided, the sam^e Proviso, 
shall not interfere with the travel to and from said bridge. 

§ 4. The said persons above named, their ass-^ciates, 
heirs and assigns, shall, at all times after the completion of R'^pair. 
said l)ridge, keep the same in good repair, and allow a s}>eedy 
passage ; and if any person in crossing said bridge shall sus- 
tain any injury or damage, either to himself or his property, 
in consecpience of said bridge ]U)t being kept in good repair, 
the pro})rietor or proprietors thereof shall be responsible for 
the saine in their private property. 



18 BRIDGES. 



sine 



Speed of cros- § o. Any person or persons crossing said bridge with 
any beasts, carriages or other vehicle, in a faster gait than 
a walk, shall, for every such offence, be subject to a fine of 
five dollars, to be recovered before any justice of the peace, 
in an action of debt, by mij person desirous of prosecuting 
the same : I^rovided, that notice of the same shall be put in 
large capitals at either end of the bridge. 

Failure to § 6. That if either Philip Field, John Field or Philip 
Yineyard shall fail to unite with his associates in this char- 
ter in preparing for the construction of said bridge with- 
in one year from the passage of this act, then all his rights 
shall pass to his associates, who shall begin the construction 
of said bridge. 

§ 7. This act shall be in force from and after its passage. 
Appeoved February 19, 1859. 



unite. 



^^ S^^-foS.^^'-'^ -"^ ^^'^ ^" authorize the building [of] a bridge across the Illinois at Marseilles, 

21, 1859. 

[Section 1.] Be it enacted hy the Peojjle of the State of 
Illinois^ represented in the General AsserrJjly, That David 

Body politic. Strawn, DanieHYard, Isaac Gage, Abner Strawn and Alex- 
ander Bruce, or either of them and their or his associates, 
are hereby created a body politic and corjoorate, by the name 
and style of the "Marseilles Bridge Company,'^ and by that 
name shall have perpetual succession, may sue and be sued, 
plead and be impleaded in ail the courts in this state, con- 
tract and be contracted with, make all needful by-laws and 
rules for the government of said company, fix the amount of 
the capital stock thereof at any amount necessary to carry 
into effect the provisions of this act, j^rovide for the manage- 
ment of the affairs of the company, and appoint all officers 
and agents deemed necessary for that purpose. The said 
company, after its organization, shall consist of all persons 
who shall become stockholders therein, and in managing all 
the affairs of said company each stockholder shall be en- 
titled to one vote for each share of stock- held by him. 

Bridges author^ |^^ 2.] The said company, when organized, may construct 
and maintain a bridge over the Illinois river at Marseilles, 
in La Salle county, on the east half of section nineteen, in 
township thirty-three north, of range five east of 3d P. M. 

Right of way. And for the purpose of erecting and maintaining such bridge 
and all such embankments, toll houses and dwelling houses 
for toll collectors and such other works as may be neces- 
sary for said bridge, the said company may use so much of 
the island on said section in said river and of the bed aiid 
shores of said river as may be necessary. The said com- 

Repair. P^ny shall at all times after the completion of said bridge, 

keep the same in good repair and allow a speedy passage to 



BRIDGES. 19 

all comers, with their animals and yeliicles ; and if at any 
time said bridge shall be out of repair, so that the same 
shall be impassable for the space of four months at any one 
time, the charter of the same shall be forfeited : Provided ^ Proviso, 
that if said bridge shall be destroyed by tire or flood, said 
company shall be allowed time necessary to rebnild the 
same. The said company are hereby authorized, after the 
completion of said bridge, to place a toll gate at either end 
of said bridge, yvdiere they may charge and receiye the fol- 
lowing rates of toll for crossing said bridge, viz : For each Toll 
yehicle drawn by two horses, mnles, asses or oxen, twenty 
cents ; for each additional horse, mnle, ass or ox attached to 
said yehicle, fiye cents ; for each one horse wagon, carriage 
or cart, ten cents; for each man and horse, fire cents; for 
each hog or sheep, one cent ; for each footman, three cents ; 
Provided^ that said company may double the aboye rates of Proviso 
toll after nine o'clock in the eyening and before daylight in 
tlie morning. The said bridge company shall be deemed a 
public highway, within the meaning of the laws proyided 
for the punishment of persons injuring, obstructing or de- 
stroying public highways or bridges m any manner. That 
said comj^any may, if deemed necessary, mortgage the said 
bridge for such amount and upon such terms and in such 
manner as they may agree upon in their articles of associa- 
tion. 

[§ 3.] Eyery person crossing said bridge with any beast Sj^eed in cros= 
faster than upon a walk, shall forfeit tiye dollars to the pro- ^^°^' 
prietors of said bridge, to be recoyered before any justice of 
the peace or other court haying jurisdiction of the same. 
The said bridge company shall haye the same power in re- 
lation to procuring materials for the construction of said 
bridge as has been heretofore conferred upon the Rock Is- 
land Railroad Company in relation to procuring materials 
for said road. 

[§ 4.] No other bridge shall l)e built across the said Illi- Exclusive pri - 
nois river within two miles of the aboye named bridge for '^^^®* 
the space of ten years : Provided^ that said company shall 
comply with the provisions of this act in relation to the 
erection and keeping in repair of the bridge herein pro- 
yided for. 

I § 5.] Said company shall commence the erection of said Time. 
bridge within two years and complete the same within three 
years, or the rights conferred by this act shall be at an end. 

[^ 5.] This act shall be taken and deemed as a public act 
in all courts of this state, and shall be in force from and 
after its passage. 

AppKoyED February 21, 1859. 



20 



BJilDGES. 



In force Febru- AX ACT to authorize the building of a bridge across Mary's River, in Randolph 
ary 22, 1859. county. 



V,odj politic. 



Power;?. 



Sridge author- 
ized. 



Capital stock. 



Public high- 
way. 



Kates of toll. 



Time. 
Proviso. 



Section 1. £e it enacted l)y the Peoj^le of the State of 
Illinois^ represented, in the General Assembly^ That Hermon 
C. Cole, Jndson Clement, Harvey Whitsoii and their asso- 
ciates, successors, heirs and assigns, be and they are hereby 
created a body cor]3orate and politic, by the name and style 
of "The Mary's Elver Eridge Company,'' and by that name 
shall iiave succession, and shall be capable of suing and 
being sued, pleading and being impleaded, prosecuting and 
defending in all courts whatever where legal proceedings 
are had ; may make contracts and be contracted with, and 
make and use a common seal, and alter or renew the same 
at pleasure; may make by-laws for their government, not 
inconsistent with the constitution and laws of this state nor 
of the United States ; and shall by their by-laws provide for 
the election of a president and board of directors. In all 
elections each stockholder shall be entitled to one vote for 
each share of stock held and o^nied by such stockholder. 

§ 2, The aforesaid corporators and their associates, suc- 
cessors, heirs and assigns, are hereby authorized and em- 
powered to build a bridge across Mary's river, in Kandolph 
county, either at Johnson's or McConnell's ford, as they 
may deem best, and maintain the same ; to fix the amount 
of capital stock necessary to build the same, and the num- 
ber of shares into which such capital stock shall be divided, 
and to provide for transferring the same and the payment 
thereof in such installments as they may deem necessary ; 
to borrow money ; to condemn property for the necessary 
uses and purposes of said company, in the manner provided 
for by the ninety-second chapter of the Eevised Statutes of 
this state, entitled the "Eight of AYay,'^ and the acts amend-^ 
atory thereto, and to sell or lease said bridge, or the use of 
the same, or the franchises of said company, upon such 
terms and in such manner as a majority of the stockholdei^ 
in interest may agree to, to any person, company or corpo- 
ration. 

§ 3. The said bridge shall be deemed a public highway, 
within the meaning of' the laws proriding for the punish- 
ment of persons injuring, obstructing or destroying jDublic 
highways or bridges in au}^ manner. 

§ 4. Said company may charge sucli rates of toll for 
crossing said bridge as may be agreed upon between the 
presideiit and directors of said company and the county 
court of Eandolph county, such rates to be reasonable and 
right. 

§ 5. This act shall be in foi*ce from and after its passage, 
and to continue in force for twenty years: Provicled, that 
said company shall complete the building of said bridge 
within two years from the passage of this act : And ]pro- 



KKIDGES. 21 



vided^ further^ that if said bridge be not completed in that 
time by said company this act shall be null and void, 
Appeoted February 22, 1859. 



AX ACT to amend an act entitled "An act to authorize Jonathan 0. Willis to In force Feb'y 
build a toll bridge across Mill creek, in Pope county." 24, 1859. 

Whereas Jonathan C. Willis has assigned his right to build P-eamb^. 
said bridge to Philip Vineyard ; therefore, 
Sectiox 1. Bq it enacted hy the People of the State of 
Illinois^ rejrjresented in the General Assenibly^ That the 
said Philip Vineyard be and he is hereby allowed the fur- Time extended 
titer time of two years, from the passage of this act, for the 
construction and completion of the said toll bridge in said 
act mentioned ; and all of the provisions of said act are 
hereby revived and shall continue in full force and efiect for 
the said period of two years. 

§ 2. And the said Philip Vi]ieyard is hereby authorized ^^s^* of ^^7- 
to enter upon and take possession of so much of the land on 
each side of said Mill creek, at and in the vicinity of the 
site of said toll bridge, as may be necessary for' making 
and erecting said bridge and establishing a gate, toll house 
and other works necessary lor said bridge ; Provided,, 
neither terminus of said toll bridge shall be established 
within less than thirty-yards from any dwelling house 
without the consent of the owner thereof and that the toll 
gate iV)r such bridge shall be on the west bank of said creek. 
But before he takes possession of said land he shall pay to 
the owner or owners thereof a fair and reasonable compen- 
sation for the same ; and in case of disagreeinent between 
the parties, as to the value of said land, the same may and 
shall be ascertained by three disinterested freeholders of the 
county, who shall be appointed or selected for that purpose 
by the parties ; and in case the parties cannot agree upon 
such freeholders, then William Belford, Mason "Bird and 
Thomas Travellion, are hereby authorized and empowered 
to view the premises and ascertain ai)d hx the amount of 
uch compensation. In case the owner or owners of such 
:ind shall fail or refuse to make to the said Philip Vineyard 
t deed or deeds of conveyance for the same, on teiader 
!)eingmade by him of the said amount of compensation, 
then and in such case it shall be lawful for the said Philip ^ 
Vineyard to file his petition in the circuit court of the said 
ounty of Pope, setting forth the facts in the case; which 
;\id ]K'tition shall be filed on the chancery side of said 
_)urt, and the like proceedini::s shall be therein had as in 
other cases in chancery ; and, upon final hearing, a commis- 



32 BRIDGES. 

sioner may be appointed by tlie court to make such deed or 
deeds, ou proof being made of all the material facts set forth 
in such petition. 

§ 3. And upon the said compensation being ascertained 
as aforesaid, and upon the tender of the same to the parties 
interested, then and in such case the said Philip Yineyard 
may take immediate possession of such land as aforesaid. 

This act to take eliect and be in force from and after 
its passage. 

Approved February 2i, 1859. 



In force Feb'y ^^ ACT to change the name of the Moliue Bridge ComiDauy. 

16, 1859. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the name 
.Name changed, of the Moliue Bridge Company be and the same is hereby 
changed to the Moline and Eock Itiver Bridge Company ; 
and- all notes, bonds, deeds or other contracts, of whatsoever 
nature, heretofore given, entered into or executed by or fo 
the said company, or any officer or officers thereof, in his or 
their official capacity, by or in the name of the Moline and 
Rock Hiver Bridge Company, are hereby declared as valid 
in the hands of the holders thereof or such contractors, re- 
spectively^, and may be executed, sued upon, or otherwise 
enforced l3y or against the parties thereto, by and in the 
name of the Moline and Rock River Bridge Company, as 
they would or might have been if such had been the name 
of said company when such note, bond, deed or other con- 
tract was made, entered into or executed. 

§ 2. This act shall be in force from and after its passage. 

Approved February 16, 1859. 



In! force Feb'y ^^ ^^T to amend an act entitled " An act to authorize the building of a bridge 
•14 1859. across the Iliiuois river, at Peru," approved February 10, 1857. 

[Section 1.] Ba it enacted by the People of the State of 
Plinois, represented in the Genercd Assembly, That the time 
Time extended for the Completion, of the erection of the bridge authorized 
by the act to which this act is an amendment, be extended 
to ten years from the passage of this act. 
Floating § 2. The said bridge company, until the time the said 

bridge. bridge shall be erected, are hereby authorized and empow- 

ered to keep and maintain across said Illinois river, at Reru, 
a floating or boat bridge, and to charge the same tolls as are 



BRIDGES. 23 

piovidecl for by the act to which this is an amendment: Section repe ai- 
Fivvided, that said floating bridge shall not impair or ob- ^^• 
struct the navigation of said Illinois river. 

§ 3. Section number thirteen of the act to which this 
act is an amendment is hereby repealed. 

§ 4. This act shall be in force from and after its passage. 

Approved February 24, lb59. 



AN ACT to incorporate the Pike and Scott County Bridge Company. In force Febru- 

ary i, 1859. 

Sectiox 1. Be it enacted I>y the Feojxe of tlte /State of 
Illinois^ rejrresented in the General Asseinbli/, That O. M. 
Hatch, James McWiUiams, Kobert IS. Allen, George Yv^ike, 
M. B. Churchill, George W. Shields, lioyal Moores, 0. F. 
Keener and Alexander Starne, their associates, successors, 
heirs and assigns be and the same are hereby created a body 
corporate, for the term of hfty years from and after the pas- ^^^^ '^'^^P'^- 
sage of this act, by the name of the ''Pike and Scott County 
Bridge Comj)any," with power to build, maintain and use, 
for railroad and other purposes, and as a public highway, a 
bridge across the Illinois river, at a point between tiie town %i<^|^ author- 
of ]N aples and Phillips' Ferry, on said river, in such manner 
as shall not materially obstruct or interfere with the free 
navigation of said river, and to connect such bridge, by rail- 
road or otherwise, with any railroad or other public road in 
the state of Illinois, terminating at the town of IS^apies, or 
at any point between said town of JS^aples and Phillips' I'er- 
ry ; antl to contract with any corporation in said state for the 
construction and mainteiiaiice of said bridge, and to estab- 
lish rules and regulations for the government, management 
and use thereof; to unite and consolidate its franchiaes and 
property with any and all railroad companies in said state; 
to hx the amount of capital stock ; to divide, transfer and 
increase the same ; to borrow money and jjledge or mortgage 
its property and franchises ; to condemn, according to tlie 
provisions of an act entitled "An act to amend the law con- 
demning right of way for purposes of internal improvement. Right of way. 
approved June 22nd, 1S52," property, for the uses and pur- 
poses necessary in constructing and maintaining said bridge ; 
to contract, bargain and agree with any such railroad com- 
panies for aid in the construction and maintenance of such 
bridge ; and to sell or lease the same or the use thereof or 
the Irancliises of said company to any company or corpora- 
tion: Provided, that said company shall commence saivi 
bridge within two years, and shall complete the same withui 
ten years from the passage of this act. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Approved February 4, 1859. 



}>ody politic. 



h BUILDINGS. 

force Feb'v AN ACT to incorporate the Alton BuildiDg and Savings Institution. 

24, 1859. 

Section 1. £e it enacted hy the People of the State of 
Illinois^ represented in the General AsseonUy^ That Wash- 
ington T. Ivliller James A. Cooley. Jacob Haas, Bartholome 
Ruenzi, John Lock, C. K. Reigart, H. C. Sweetzer, C. Soule, 
Harvey Yeech, E. Levis, John Challacombe, WilHam A. 
Piatt, \YiUiam Hali, John E. Hayner, W. C. Johnson, Au- 

fustns L. Chouteau, G. T. Brown, James H, Lea, John H. 
aihn, and their associates, successors, heirs and assigns be 
and are hereby created a body corporate and poKtic, by the 
name of "Alton Building and Savings Institution ;" that 
they and their successors shall have succession, and may sue 
and be sued, plead and be impleaded, defend and be defend- 
ed against, in all courts and places v\diatsoever ; with full pow- 
er and authority, by that name, to contract and be contract- 
-ed with ; to acquire, hold, possess, use and enjoy, and the 
same to sell, convey and dispose of, all such real estate and 
personal property as is or may be necessery for the use of 
this corporation, or as may be deemed, by the directors, pro- 
per and necessary to carry on the business, and accomplish 
the object of the corporation or for the promotion of its in- 
terests ; and may make, ordain and put into execution such 
by-lav7S, rules and regulations, not repugnant to the laws of 
the United States or this state, as shall be proper and neces- 
sary to carry into effect the provisions of this act and to at- 
tain and accomplish eftectually the object of this corporation ; 
and may have a common seal, and may alter or change the 
same at pleasure. 
Capital stock. § 2. The Capital stock of said company shall be fifty 
thousand dollars, divided into shares of one hundred dol- 
lars each ; and the persons named in the first section hereof, 
or any five of them, shall be commissioners to open bool: 
for subscription to said stock, in such manner and at sue! 
times and places as they may appoint, until one hundred 
shares shall have 'been subscribed for; and, soon after tli ' 
said number of shares shall have been taken, the siibscribei 
shall meet and choose five directors, the commissionero 
having [given] at least ten days' notice of the time and place 
of such meeting, in at least one daily newspaper published 
in the city of Alton ; a;t which and at all other elections of 
directors the holders of said stock shall be entitled to cast one 
vote for each share. 
iiictioa of di- § 3. After the first election there shall be held an elec- 
tion, in the city of Alton, on the first Tuesday in JN'ovember, 
in each year, or on such other day as the said corporation 
may liereafter determine; at which there shall be chosen not 
more than three nor less than two directors, who shall hold 
their oflice until others shall shall have been chosen, as here- 
inaffter prescribed, and shall have accepted the trust in their 
stead. In case of vacancy happening in said board, whether 



ictor; 



BUILDINGS. 25 

[either] bj removal from tlie state, ceasing to be a stock- 
holder, dying or refusing to act, for the period of three 
months, successively, the directors, or a majority of them, 
present at any monthly meeting, shall choose another di- 
rector, to fill such vacancy, who shall remain in office imtil 
the next general election ; at which his successor shall be 
chosen. At the first regiUar meeting of the board, after 
the first election, the directors shall class themselves, by lot, 
into two classes, the term of whose services shall, respec- 
tively, expire as follows : The fii'st class in one year, the 
second class in two years. 

§ 4. The board of directors shall, as soon as may be af- President, 
ter the fii'st election, and thereafter, annually, at the first 
regular meeting of the board succeeding each election, 
choose out of theh number one person to act as president, 
who shall preside at all meetings of the directory, sign all 
contracts made, and do and perform such other acts as may 
be prescribed by the by-laws of this corporation. The board 
of directors shall have power to appoint, from time to time, Officers, 
a secretary and treasurer, and such other officers and assist-- 
ants as to them may seem necessary, and to prescribe their 
duties, fix their compensation, and take from them such se- 
curity as they may deem necessary for the faithful perform- 
ance of their duties ; and they shall have power, if in their 
opinion, it shall be deemed proper and judicious, to prescribe 
the number of shares of said stock for which any one indi- 
vidual or firm shall be permitted to subscribe. 

§ 5. After said capital stock shall have been subscribed for Assessments, 
the said directors shall levy an assessment thereon, of not less 
than one per centum per month, nor more than two per centum 
per month, on each share of said stock, and the same shall be 
payable monthly, at such times and places as the board of 
directors shall designate, of which five days' notice shall be 
given in at least one daily newspaper pubhshed in the city 
of Alton; and if any stockholder shall neglect or refuse to 
pay such assessment, for the period of fifteen days after any 
assessment so made shall have become due and payable, the 
directors shall have full power and authority to declare the 
stock of such share holder forfeited, or they may, in their 
discretion, permit such assessment to be afterwards [paid] on 
such share or shares to be redeemed, on such terms as may 
be prescribed by the company's by-laws. 

§ 6. As soon as may be after each monthly assessment Loans, 
shall have been paid into the treasury of the association the 
amount so paid, together with the amount remaining in the 
treasury, shall be loaned out to such of the stockhrJders as 
are or may become the liighest and best bidders therefor; 
audit shall be lawful for this corporation, from time to time, 
to receive such premium or premiums as the stockholders 
may bid ; and the amount so loaned to any one individual, 
at any one time, shall not, during the first five years of the 
— 



26 



BUILDINGS. 



Depostte. 



Exchs^&gR. 



existence of tliis association, be in sums of less tlian one 
hundred dollars nor more than one thousand dollars ; but 
after the lapse of that period it may be in such sums as the 
directors, in their discretion, may determine ; and all loans, 
so made by the corporation, shall be secured by bonds and 
mortgages or deeds of trusts on unincumbered real estate of 
the value of at least thirty-three per cent, more than the 
amount loaned thereon ; and the directors shall have power 
to prescribe such condition therein in reference to the erec- 
tion of permanent buildings on the property so mortgaged 
as may to them seem judicious and proper ; and the directors 



may. 



Compensation 
of officers. 



their discretion, limit the number of loans to be 



made to any one member of the association and exclude the 
bids of such members as may have been assisted by loan 
•while there are other members who have not been assisted 
by loan, to erect themselves comfortable dwellings, and who 
desire such assistance from this corporation. 

§ 7. In addition to the powers heretofore granted in this 
act the said corporation shall have full power and authority 
to receive, on deposit, from said stockholders or from any 
other person, all sums of money that may be offered for 
that purpose, on such terms as are allowed by this act, or as 
may [be] prescribed by the by-laws of this corporation, for 
the purpose of being invested in any public stocks created 
under and by virtue of any law of the state of lUinois, or of 
the United States, or of being loaned out, on bond or mort- 
gage, or on notes secured by deeds of trust, or on such per- 
sonal Fecnrity as the board of directors may deem amj^ly suf- 
ficient ; and such sums, so deposited, shall be repaid to each 
depositor, when required, at such times and with such inter- 
est and under such regulations as the board of directors shall 
from time to time prescribe; which regulations shall be put- 
up in S':»me public and conspicuous place in the room where 
the business of the corporation shall be transacted, and shall 
not be altered so as to affect any one who may have been a 
depositor previous to such alteration. 

I 8. The moneys deposited, as contemplated in the pre- 
ceding section, may [be] invested in pubhc stocks c»r loaned 
as stated, or used in the piu'chase and sale of exchange, in 
which this corporation is empowered to deal ; but if loaned 
on real estate, all sums so loaned shall be secured by bonds 
and mortgages or deeds of trusts, on imincumbered real 
estate of the value of at least fifty per cent, more than the 
amount loaned thereon ; and, if upon personal security, the 
sum so loaned shall not exceed five hundred dollars to any 
one person or business firm, nor be for a period of more than 
four months, and shall be secured by at least two good se- 
curities^, 

§ 9. ISTo director or other ofiicer of said corporation shall, 
during liis continuance in ofiice, directly or indirectly, bor- 
row or use any of the funds of said corporation, except to 



BUILDmGS. 27 

pay the necessary cm-rent expenses thereof; nor shall any 
director of said corporation, directly or indirectly, receive 
any pay or emoluments for his services. 

§ 10. All certificates or evidences of deposit, made by Certificates of 
the proper officer, in pursuance of the by-laws of said cor- ^^^^^ ' 
poration, shall be as effectual to bind the corporation as if 
they -were under the common seal thereof; and no stock- 
holder or depositor, not being in his indi^ddual capacity a 
party to any suit in which the said corporation may be a 
party, shall be deemed incompetent as a witness. 

§ 11. A misnomer of said corporation, in any deed, gift. Misnomer. 
2:rant, contract, conveyance or other instrument, shall vitiate 
or vacate the same, if the corporation shall be sufiiciently 
described therein or referred to with sufficient distinctness 
to ascertain the intention of the parties. 

§ 12. When any deposit shall be made by any person. Minors, 
being a minor, and not having a guardian, to the knowledge 
of any of the directors, the said corporation may, at their 
discretion, pay to such depositor such sum or sums as may 
be due to him, or her, not exceeding two hundred dollars, 
and the receipt or acquittance of such minor shall be as va- 
lid as if the same were executed by a person of fidl age or 
by a guardian of such minor. 

§ 13. This' act shall be deemed and taken to be a public Public act. 
act, and shall be liberally construed to effect the ends and 
purposes hereby intended and contemplated. 

§ 14. All the stockholders of the company incorporated ^|^ckholder« 
under this act shall be severally individually liable to the 
depositors with and creditors of the company, to an amount 
equal to the amount of stock held by them, respectively, 
for all deposits made with and debts and contracts made by 
the company ; and such personal liability shall continue for 
the time of two years from the sale or ti*ansfer of such stock 
by any stockholder ; but no stockholder shall be personally 
liable for the payment of any deposits made with or debts 
contracted by the company formed under this act, unless a 
suit for the collection of such deposit or debt shall be 
brought against the company within one year from the time 
the same may be due or become due ; and no suit shall be 
brought against any stockholder, who shall cease to be a 
stockholder in the company, for any deposit or debt con- 
tracted by said company, unless the same shall be com- 
menced within two years from the time he shall have ceased 
to be a stockholder, nor until an execution against the com- 
pany shall have been returned unsatisfied, in whole or in 
part. 

This act shall take efiect from and after its passage. 

Approved February 24, 1859 



28 



BTJILDmGS — CEMETERY COMPAJSIES. 



In force Febru- AN ACT to amend the charter of the "Elsa Building and Manufacturing Corn- 
ary 11, 1859. pany." 



)rpc 
raliz 



legalized. 



Contracts 
galized. 



Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Asseinhly, That the Elsa 
Building and Manufacturing Company, located at Jersey- 
Landing, Illinois, incorporated on the 28th day of January, 
1857, according to the provisions of "An act to authorize 
the formation of corporations for manufacturing, agricultural, 
mining or mechanical purposes," approved February 10th, 
184:9, be and the same is hereby declared to have been 
legally constituted, within the provisions of said act, and 
shall be a body corporate and politic, by the name aforesaid, 
from the said 28th day of January, 1857, the day of their 
incorporation, in perpetuity, according to the provisions of 
said act. 

§ 2. All bonds, deeds and contracts heretofore made to 
or by said company shall be binding and effectual in law 
and equity. 

Approved February 11, 1859. 



Notice, 



In force Febru- AN ACT to amend an act entitled " An act to incorporate the Carlinville Ceme- 
ary 24, 1859, tery Association," approved February 18, 1853. 

Section-. 1. Be it enacted hy the People of the State of 
Illinois, rejyresented in the General Assembly , When said 
association shall have selected any parcel of ground, for the 
purposes in said act named, and the owner or owners of the 
same shall refuse, on request, to sell the ground, the said 
corporators, or any three of them, may give personal notice 
to the owner or owners, if residents of the county, at least 
three days beforehand, and, if nonresidents of the county, 
shall give notice, by pubhcation in some newspaper pub- 
lished in Carlinville, giving two insertions, that on a day in 
said notice to be mentioned, they will apply to the county 
judge of Macoupin county or some justice of the peace, 
naming him, to appoint three disinterested and discreet 
freeholders, who shall be voters and citizens of the county, 
to value and appraise the parcel of ground described at the 
time, at its true and reasonable cash value. 

§ 2. At the time and place in said notice mentioned the 
said county judge or justice of the peace, on application as 
aforesaid, shall proceed to name, and shall cause to appear 
before him, three persons of such qualifications as are 
described in the preceding section, and shall also administer 
to them an oath that they will go upon the ground described 
in said application, and that, upon view, they will faithfully 
and impartially value and appraise said ground, at its true 



Appraisers. 



CEMBTERY COMPAITIES. 29 

and reasonable cash value. Said appraisers shall then make 
out a "vn-itten report, under their hands and seals, in which Report, 
they shall set forth and describe the ground as in said appli- 
cation set forth and described, together with their appraise- 
ment of the same, which report they shall deliver to the 
county judge or justice of the peace by whom they were 
ap23ointed. 

§ 3. If the said association shall pay to the owner or Certificate, 
owners of said ground, or if they be nonresidents, as afore- 
said, or shall refuse to receive the same, shall pay the same 
to the county treasurer of Macoupin coimty, for his or their 
benefit, and shall pay the costs of the proceeding, then the 
county judge or justice of the peace aforesaid shall indorse 
his certificate on the report of the appraisers aforesaid, to 
the eff'ect that they were summoned and sworn by him, 
according to the provisions of this act, and that the report 
so certified by him is the original and genuine report made 
and signed by them. 

§ 4. The report aforesaid, when so certified, shall be Report when 
delivered to the recorder of deeds of the county, who shall recorded to 
file and record the same in the record of deeds. And from ^^^* *^*^^' 
and after the time of filing the same for record the fee simple 
of said ground shall be vested in the said cemetery associa- 
tion and their successors and assigns forever. 

§ 5. If it shall become necessary the Hke proceedings as Right of waj. 
are given hereinbefore may be had to secure the right of 
way to said cemetery and with hke eflect. 

§ 6. The said association shall set aj^art and hold sacred Burial ground 
for that purpose a portion of the sjround within their boun- ^?^ P^°^ ^"^ 
daries suifacient to bury the poor and strangers. 

§ 7. This act and the one to which it is an amendment, Proviso. 
shall be taken and deemed acts for the public benefit. 

§ 8. Provid£d., That in making said selection the ground 
so selected shall adjoin and connect with the burial ground 
now used by the citizens and inhabitants of the town of 
Carlin\4Ue, and being the same as donated by Ezekiel Good, 
for that purpose. 

§ 9. This act to be in force from and after its passage. 

Approved February 24, 1859. 



AX ACT to incorporate the Rosehill Cemetery Company. j^ fQ-pg ppU- 

ary 11, 1859. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the Gerieral Assemhhj^ That William 
B. Ogden, Charles G. Hammond, John H. Kinzie, Hiram 
A. Tucker, Levi D. Boone, Benjamin W. Kaymond, Charles 
Y. Dyer, James H. Rees, John Evans, Jonathan Burr, Levi 



30 



CEMETEEY COMPANIES. 



B. Taft, E. K. Eogers, Robert H. Morford, Andrew T. Sher- 
man, William Turner, George Schneider, C. H. Deihl, 
Andrew Nelson, James Y. Z. Blaney, Henry Smith, Philo 
E. L. Janson, Francis H. Benson, and such others 
may hereafter associate with themselves, be and 



Judson, 
they 



Boards of con 
sultation 
managers. 



as 

BoAj politic, they are hereby created a body iDolitic and corporate, in fact 
and in name, by the style and title of the ''Eosehill Ceme- 
tery Company;" and by that name shall have perpetual 
succession, and be caj)able of suing and of being sued, of 
contracting and being contracted with, of pleading and of 
being impleaded, in any court of law and equity in the state 
of Illinois, and they and their successors may have a com- 
mon seal, and make and alter the same at pleasm-e, and do 
such other things as are incident to a corporation and not 
inconsistent with the constitution of the state of Illinois. 
I 2. The eighteen persons first named shaU constitute 
and the first "Board of Consultation," and the five persons last 
named shall be the first "Board of Managers" of the said 
Eosehill Cemetery Company, and shall have power to receive 
subscriptions for the purchase of property and the laying 
out and ornamenting of grounds for cemetery purposes, as 
contemplated by this act, and may issue certificates, repre- 
senting the interests of subscribers in the property held by 
the company and in the j^roceeds of the sale of burial lots ; 
and the individual interests represented by such certificates 
shall be assignable and transferable only in such way as the 
managers for the time being may from time to time direct; 
and such individual interests are hereby declared to be 
personal estate ; and the said managers shall have authority 
to call in and demand from the subscribers, respectively, 
such sums of money by them subscribed at such times and 
in such p>ayments or installments, as they shall deem proper, 
and to compel the payment of installments so demanded, 
by forfeitm^e of the interest of any subscriber refusing to 
pay such installments so demanded, or by the sale by them 
of such part of his interest as may be necessary to j)ay such 
installments ; and it shall be lawful for the said managers 
to receive, at their option, such real estate or personal 
property, at an equitable valuation, in payment of subscrip- 
tions, as they may deem available for the pm'poses of the 
company ; and no subscriber shaU be hable lor the debts of 
the company in a greater amount than the interest actually 
owned by him at any time. 

Powers. § 3. The said managers of the said company and theii* 

successors shall have power and authority, in the name of 
the said company, to obtain possession of real estate, by 
purchase, exchange or otherwise, for cemetery purposes, in 
the township of Lake View, county of Cook, and state of 
Illinois ; to hold the same to an amount at no time exceed- 
ing five hundred (500) acres, and to sell, exchange or dispose 
of any part or parcel of land that they may be compelled to 



CEMETERY C0MPAJSXE8. 31 

purchase, in order to obtain sucli grounds as may not be 
'actually needed for burial purposes. 

§ 4. The said managers and their successors sliciU have Power to lay 
authority to lay out and ornament, for cemetery purposes, menr**eeme- 
sucli grounds as they may accpiire as aforesaid; to make and terj. 
have recorded in the recorder's office of Cook county a plat 
of such grounds and of such additions thereunto as they 
may make at any time; and the filing of such a plat for 
record shall operate as a legal vacation of any former plat 
or sub-division of the same, and of any roads, streets, or 
alleys, passing through the same; also, to erect such build- 
ings, tombs, inclosures or other structm-es, as they may deem 
advisable; to arrange and dispose of bm-ial lots, on such 
terms and with such conditions, for the permanent care and 
preservation of the cemetery or any part thereof, as they 
may agree upon with purchasers, to make such by-laws and 
regulations, relative to the election and duties of managers 
and their successors, the appointment of officers and agents 
and their several duties and compensations; and to make 
such rules and regulations, from time to time, for the govern- 
ment of lot holders and visitors to the cemetery as they may 
deem necessary. 

§ 5. All lots sold for burial purposes by said cemetery Exemption 
company, when conveyed by the corporation to individual from taxes, 
proprietors, shall be indivisible, but may be held and owned 
in undi^-ided shares, and shall be free from taxation and 
from execution and attachment: Provided^ that no one 
person shall hold at any one time more than four lots so 
exempted; and all estate, real or personal, held by the 
company, actually used by the corporation for burial purpo- 
ses, or for the general uses of lot holders or subservient to 
burial uses and which shall have been platted and jecorded 
as cemetery groimds, shall be hkewise exempt as above. 

§ 6. Every lot sold by the cemetery company f<.)r bm-ial Transfer, 
purposes, shall be held by the proprietors for the purpose of 
sepulture only, and shall be transferable only by the consent 
of the managers; and no lot holder shall permit interment 
in or upon any lot held by him for a consideration. 

§ T. The said corporation may take and hold any grant, Donations, 
donation or bequest of property, real or personal, upon trust, 
to apply the same or the income thereof, under the direction of 
the board of managers, for the improvement or embellishment 
of the said cemetery or for the erection, repair, preservation 
or renewal of any tomb, monument or grave stone, fence, 
railing or other erection, or for the planting and cultivation 
of trees, shrubs, flowers or plants, in or around any cemetery 
lot, or for improving the said premises, in any other manner 
or form, consistent with the design and purposes of this act, 
according to the terms of such grant, donation or bequest. 

§ 8. If any person shall clandestinely open any tomb or 
grave in the inclosm-e ot the Rosehill Cemetery Company, 



32 



CEMETERY COMPAIOES. 



and shall remove or attempt to remove any l3od j or remains 
Penalties for tlierefrom, sncli person, upon conviction thereof, in any 
opening of conrt of Competent jurisdiction, shall be sentenced to undergo 
j?ring^ ceme- an imprisonment in the state j^rison, at hard labor, for a 
tery. term of not less than six months or more than one year, or 

pay a fine ot not less than one hundred or more than live 
hundred dollars, or both, in the discretion of the court having 
the jurisdiction thereof; and any person who shall willfully 
destroy, mutilate, deface, injure or remove any tomb, 
monument, grave stone or other structure, placed ^vithin 
the inclosure of said cemetery company, or any fence, 
raihng or other work, erected for the protection or ornament 
of said cemetery, or any tomb, monument, gravestone or 
other structure placed therein, as aforesaid, or shall willfully 
destroy, cut, break, injure or remove any tree, shrub, plant, 
or any part thereof, within the limits of said cemetery or shall 
shoot or discharge any gun or other iii-e arms, or any tire works 
or other missile, caj^able of doing any injury to any structure 
or plant, as aforesaid, within the limits of said cemetery 
aforesaid, shall be deemed guilty of a misdemeanor, and shall, 
upon conviction thereof, before any justice of the peace, be 
punished by a fine of not less than five nor more than one 
hundred dollars, or, u]3on conviction thereof before any other 
court of competent jurisdiction, shall be punished by a fine as 
aforesaid or by imprisonment for a term not exceeding one 
year, or both, at the discretion of the court having jurisdic- 
tion thereof, according 1o the nature and aggravation of the 
ofifence ; and such ofl'ender shall also be liable in an action 
of trespass, to be brought against him in any court of com- 
petent jm'isdiction, in the name of said company, to j^ay all 
such damages as shall have been occasioned by his unla^vfal 
act or acts ; which money, when recovered, shall be appHed 
by the said corporation, under the direction of the board of 
managers thereof, to the reparation and restoration of the 
property destroyed or injured as above; and members o 
the said corporation shall be competent witnesses on such 
suits; and, to enable the said corporation to enforce the 
provisions of this section, power and authority are hereby 
given to the superintendent and gate keeper of the said 
corporation, for the time being, respectively, to arrest, with- 
out process, any person or persons who, to their knowledge, 
may have committed any ofi'ence against the provisions of 
this section, and shall carry such oflender or offenders before 
a justice of the peace for trial or examination. 

§ 9. JSTo roads or streets or other thoroughfare shall be laid 
out through any property selected and held by said cemetery 
company for burial purposes, without consent of the mana- 
gers of the company ; nor shall any of the lands so selected 
and held bo condemned for right of way by any other cor- 
Proviso. pcration for any pui'pose whatever: Provided, that this sec- 



Roads and 

streets. 



CHTJECHES. S3 

tion shall only apply to siicli lands as shall have been platted 
and recorded, as pro^-ided for in section four (-i,) of this act. 

§ 10. This act shall take effect from and after its passage. 

Appeoyed February 11, 1859. 



AN ACT to authorize the Trustees of the 1st Baptist Church in Ottawa, LaSalle In force Febru- 
County, to sell and convey certain real estate. ary 4, 1S59. 

Section 1. Be it enacted hy the Peojyle of the State of 
lUinois^ represented in the General Assembly^ The trustees 
of the 1st Baptist Church, in the city of Ottawa, are hereby Authority to 
authorized to sell and convey so much of the lot belonging sell and con- 
to said society, in said city, upon which their church build- tate. 
ing stands, as may not be needed for the actual occupancy 
of said chm-ch: Provided^ that such sale shall not be made Proviso, 
until the same shall have been authorized, and the manner 
of the sale provided for and the price fixed by a vote of said 
church, at a regular meeting thereof. 

§ 2. When any portion of said lot shall have been sold, Title, 
as aforesaid, the trustees of said church shall convey the 
same to the purchaser or purchasers thereof; and such con- 
veyance, when executed, shall vest the title of the portion 
of the lot so sold in the purchaser or purchasers thereof; and 
the avails of said sale shall be apphed to the erection of a 
new church building for said church. 

§ 3. This act shall be deemed a public act, and shall take 
eflect and be in force from and after its passage. 

Approved Febniary 4, 1859. 



AN ACT to legalize the acts of the Board of Trustees of the First Baptist Church Xq force Feb. 
of Toulon. 21, 1859. 

Whereas on the fourth day of December, A. D. 1852, at a Preamble, 
meeting of the members of the First Baptist Church, in 
the town of Toulon, in Stark county, Illinois, Wheleer B. 
Sweet, John Culbertson, Henry F. Ives, William Ogle 
and OHver Whitaker were elected trustees of said Fii'st 
Baptist Chm-ch; and whereas, also, the certificate of said 
election, recorded in the recorder's oflice of said county, is 
informal and insufficient ; and whereas the board of trus- 
tees, so elected, have transacted business pertaining to the 
property of said Fiist Baptist Church of Toulon as a body 
corporate ; therefore. 

Section 1. Bd it enacted ly the People of the State of 
Illinois, represented in the General Assemhiy, That all the 
acts, proceedings and doings of the said board of trustees of Acts legaUzed. 
the First Baptist Church of Toulon and of then* successors, 
within the proper scope of their duties and authority, be held 
and taken as vahd and efiective, in law and equity, as if said 



M 



CHUKOHES — CITIES. 



First Baptist Churcli of Toulon had become legally incor 
porated under the laws of this state, by the filing of a proper 
certificate, as required by section 45, division III, of chapter 
XX Y, of the Revised Statutes of 1845 : Provided, that said 
society shall, within sixty days after the passage of this act, 
elect a board of trustees, and file with the recorder of Stark 
county the certificate required by said chapter of the Eevised 
Statutes. 

§ 2. This act to be a public act, and to take efiect from 
and after its passage. 

Approved February 12, 1859. 



In force Febru- j^N ACT authorizing the Trustees of the Christian Society of Eidgely to sell real 
ary24, 1859. estate. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the trus- 
Authorized to tees of the Ridgely Christian Society, in Madison county, are 
tatl "^^""^ ^^" liereby authorized to sell the real estate of the aforesaid 
Eidgely society, and apply the funds for the erection of a 
church for said christian society, in the town of Litchfield, 
Montgomery county. 

§ 2. This act to take efi'ect from and after its passage. 
Appkoved February 24, 1859. 



In force Febru- 
ary 24, 1859. 



Conveyance le- 
galized. 



AN ACT legalizing the conveyance of land to the parish of Manhattan. 

Be it enacted 'by the People of the State of Illihois, reprer 
sented in the General Assembly, That the parish of Manhat- 
tan, in the county of "Will, a religious society, organized un- 
der and by the general laws of this state, is hereby author- 
ized and empowered to receive and hold, for the pui-poses 
and uses of its church, the tract of land of twenty-five acres 
heretofore conveyed to or for the use and benefit of said 
parish or church, and to sell and convey the whole or any 
part thereof whenever said parish shall wish so to do. This 
act to take efi'ect and be in force from and after its passage. 

Approved February 24, 1859. 



In force Febru- 
ary 19, 1859. 



AN ACT to amend city charter of Abingdon, Knox county. 

Article 1st. 



Section I. Be it enacted hy the Peop>le of the State of 
Illinois, represented in the Genercd AssemUy, That the word 
Section amend- " southeast," occmTing in scctioii sccoud, of article first, of an 
act entitled "An act to incorporate the city of Abingdon, in 



ed 



CITIES. Si 

Knox county," approved Feb. 13tli, 1857, be and the same is 
hereby amended so as to read "southwest." 

§ 2. All the acts and doings of the city council and all Acts legalized, 
officers provided for in said act are hereby legalized and 
rendered of full force and virtue, the same as if said error 
had not been committed. 

§ 3. There shall be elected, at each annual election, to officers, 
be held on the third Monday in April, for said city, one 
mayor, one alderman for each ward, one marshal, one asses- 
sor and collector, one treasurer and one street commissioner, 
who shall hold their offices for one year, and until then- siic- 
cessors are elected and qualified. 

§ 4. The act entitled "An act for the better government Act extended, 
of towns and cities and to amend the charters tliereof," ap- 
proved Feb. 27th, 1857, shall be constituted a part of this 
act, the same as if specially recited, and there shall be allowed 
to said city of Abingdon only one police magistrate, and that 
their [his] jurisdiction shall extend to all causes of action at 
common law or by statute, where the plaintifi''s demand shall 
not exceed one hundi-ed dollars, and to all cases of misde- 
meanor, committed within the city limits of said city, where 
indictment is not necessary to a conviction. 

§ 5. The city marshal shall have the powers and author- Power of il§k 
ity of a constable, at common law, and under the statutes of ^^^^• 
the state, and receive like fees, but shall not serve ci^il pro- 
cess without first entering into bond as such constable, to be 
approved by the city council, payable to said city as in other 
cases. 

§ 6. The city council shall have power to estabhsh a city work- 
workhouse or house of correction, make all necessary regula- house, 
tions therefor, and appoint all necessary keepers or assist- 
ants in such workhouse or house of correction, in which may 
be confined all vagrants, stragglers, idle and disorderly per 
sons who may be committed thereto by any proper officers^ 
and all persons sentenced by any criminal court or magis- 
trate's court in and for the city, for any assault, assault and 
battery, petty larceny or other misdemanor, or breach of any 
ordinance of the city, punishable by imprisonment in any 
county jail ; and any person who shaU fail or neglect to pay 
any nne, penalty or cost imposed by any ordinance of the 
city for any misdemeanor or breach of any ordinance of the 
city may, instead of being committed to the county jail of 
Knox county, be kept therein, subject to labor and confine- 
ment. 

§ 7. All fines or forfeitm*es collected for ofi'ences com- Fines and for- 
mitted within the city limits shall be paid into the city ^ei^^^es. 
treasury. 

§ 8. That section second of article ninth shaU be and is Section amend- 
hereby so amended as not to require labor on the streets, ® ' 
lanes, avenues or alleys of disable-bodied men, men over the 
age of fifty years or such others as are exempt by law. 



36 CITIES. 

Ordinances. § 9- The city coiincil shall have power, by ordinance, to 

regulate, restrain or prohibit the running at large of horses, 
cattle, asses, mules, swine, sheep, goats and geese, and to 
authorize the distraining, impounding and sale of the same 
for the cost of proceedings and the penalty incm'red, and to 
impose penalties on the owners thereof lor a \dolation of any 
ordinance in relation thereto. 

Judicial pow- §10. All judicial powcrs conferred on the mayor of the 
city of Abingdon by the act of incorporation of said city 
and all provisions in said act to which this is an amendment 
that are in coniiict or inconsistent with the provisions of this 
act are hereby repealed. 

§ 11. This act is hereby declared a public act and to take 
eftect from and after its j^assage. 
Approved February 19, 1859. 



ers. 



In force Janu- AX ACT to amend the thirteenth section of an act entitled "An act to incorporate 
ary 18, 1859. the city of Alton," approved July 21st, 1SS7. 

Section 1. Be it enacted hy the People of the State of 
IlUnois, represented in the General Assenibly^ That the 
Section amend- thirteenth section of said act be so amended as to read "and 
6<*- estimate and assess the damages which would be sustained 

by reason of the opening, extending, widening and grading 
of any street, lane or alley; which damages they shall then 
apportion and assess upon any and all the real estate in said 
city which they may beheve will be benefited by the open- 
ing, extending, widening or grading any street, lane or alley 
in the said city." 

§ 2. This act to be in force from and after its passage. 

Appeoved January 18, 1859. 



In force Febru- AN ACT to reduce the laws incorporating the City of Alton and the several acts 
ary 16, 1859. amendatory thereof into one act, and to amend the same. 

Chapter I. — Boundaries and General Poicers. 

Section 1. Be it enacted hy the People of the State of 
Plinois, represented in the General Assembly, That the 
inhabitants residing within the following limits and boimda- 
Boundaries. ' ^^^^^ to- wit : Beginning at the northetist corner of section 
twelve, in township five north, in range ten west of the 
third principal meridian, in the county of Madison, and 
state of Illinois, and running thence west on the north 
boundary lines of sections 12, 11 and lU, to the middle of 
the Mississippi river; thence down along the middle of the 
said river to a point due south of the southeast corner of 



CITIES. 37 

fractional section thirteen, in township number five north ; 
thence due north to the northeast corner of the aforesaid 
fractional section thirteen; and thence north on the east 
boundary lines of the aforesaid fractional section thirteen 
and section twelve to the place of beginning, shall be incor- 
porated and known as a corporation by the name of the 
"City of Alton." 

§ 2. The inhabitants of said city shall be a corportion by Corporation. 
the name of the city of Alton, and by that name shall have 
perpetual succession, sue and be sued, complain and defend 
in any court ; make and use a common seal, and alter it at 
pleasure; and take, hold, receive or pm*chase, lease and 
convey such real and personal or mixed estate, as the pur- 
poses of the corporation may require, within or without the 
limits aforesaid ; may borrow money and pledge the revenue 
and faith of the corporation, and issue scrip or bonds for the 
payment of the same. 

§ 3. The territory contained within the boundary of Wwda. 
said city of Alton shall be divided into four wards, the 
boundaries to be as now established by ordinance : Pro- 
vided^ that the common council of said city shall have power 
from time to time to cause a division of said city to be made 
into as many wards as they may deem necessary and for the 
good of the inhabitants of said city ; but no such division 
shall be made unless it be done at least three months pre- 
ceding the city election next ensuing. 

Chapter II. — Officers — Their Election and A2)j)ointment. 

§ 1. The municipal government of the city shall consist Offices, 
of a common council, to be composed of the mayor and 
three aldermen from each ward. The other officers of the 
corj^oratiun shall be as follows: a city clerk, marsh^^l, re- 
gister, treasurer, an assessor and collector, a harbor master, 
attorney, engineer, physician, street inspector, three in- 
spectors of election in each ward, a chief and assistant en- 
gineer of tlie fire department ; and as many fire wardens, 
police constables, watchmen, deputy marshals, supervisors, 
measurers, weighers, gangers, sextons or keepers of burial 
p-ounds, keeper of work house, keeper of public build- 
mgs, and such other officers and agents as the common 
council may from time to time direct and appoint, and to 
prescribe their duties, term of ser\'ice and compensation. 

§ 2. At the annual charter election to be held on the Election, 
first Tuesday in April, A. D. 1859, there shall be elected by 
the qualified voters of said city, a mayor, city treasurer, and 
register; and the person having the highest number of 
votes in the whole city for either of such offices shall be de- 
dai-ed elected ; at the same time the electors in their respec- 
tive wards shall vote for three aldermen, who shall be hana 
fide residents thereof, and hold theii* offices for three years 



s$ 



CITIES. 



Term of ( 



Proviso. 



Appointment. 



New election. 



Removal. 



Proviso. 



from and after tlieir election, and until tlie election and 
qualification of their successors ; they shall be divided into 
three chisses, consisting of one alderman from each ward, 
so that one from each ward shall be annually elected ther^ 
after. At the first meeting of the common council, after 
the annual election in April next, the aldermen shall be 
divided into three classes by lot, the terms of ofiice of those 
of the first class shall expire in one year, those of the second 
class in two years, and those of the third class in three 
years : Provided, that there shall be elected annually after 
the election in April, 1859, one alderman in each of the 
wards of the city to represent such ward in the common 
council. If any alderman remove from the ward repre- 
sented by him, his office shall thereafter become vacant. 

§ 3. The officers elected by the people under this act, 
except aldermen, shall resj^ectively hold their offices for one 
year, and until the election and qualification of their suc- 
cessors. All other officers mentioned or provided for in this 
act, or by ordinance of said city, and not otherwise specially 
provided for, shall be appointed by the common council, by 
ballot, on the third Tuesday in April, in each year, or as 
soon thereafter as may be, and resjDCctively continue in 
office one year, and until the appointment and qualification 
of their successors ; the council may authorize the ajDpoint- 
ment of watchmen, by the mayor or marshal, to continue 
in office during the pleasure of the council : Provided, that 
the mayor or marshal remove them for good and sufficient 
cause. All officers elected or appointed to fill vacancies 
shall hold for the unexpired term only, and until the election 
or appointment and qualification of their successors. 

§ 4. If from any cause the officers herein named shall 
not be appointed on the third Tuesday in April, the com- 
mon council may adjom-n from time to time until such ap- 
pointments are made. If there should be a failure by the 
people to elect any officers herein required to be elected, 
the common council may forthwith order a new election for 
such officers. 

§ 5. Every person elected to any office by the people may 
be removed from such office by a vote of two-thirds of aU 
the aldermen authorized by law to be elected, but no such 
officer shall be removed except for cause, nor unless fu'st 
furnished with charges, and heard in his defence ; and the 
common council shall have power to compel the attendance 
of witnesses, and the jDroduction of papers when necessary 
for the purposes of such trial ; and shall proceed within ten 
days to hear and determine upon the merits of the case ; 
and if such officer shall neglect to appear and answer to 
such charges, then the common council may declare the 
office vacant : Provided, that any officer appointed by the com- 
mon council may be removed at any time, by a vote of two- 
thirds of all the aldermen authorized to be elected ; but any 



CITIES. 3-9 

officer may be suspended by a vote of the common council, 
or by the mayor, when the common comicil is not in session, 
until the disposition of the charges when preferred. 

§ 6. When any vacancy shall occur, by the death, re- vacancies, 
signation, removal, or otherwise, of any officer elected by 
the people, such vacancy shall be filled by a new election, 
and the common council shall order such new election within 
ten days after the vacancy may occui*; any vacancy occur- 
ring as aforesaid, of any officer appointed by the common 
council, may be filled by appointment of the council. No 
special election shall be held to fill vacancies (except mayor gpedai eiec- 
and aldermen) if more than nine months of the term has tions. 
expired, but the council may fill such office by appointment, 
as in other cases, in their discretion. 

§ T. When two or more candidates for an elective office Tie. 
shall have an equal number of votes for the same office, the 
election shall be determined by the casting of lots in the 
presence of the common council, as may be provided by 
ordinance. 

Chaptek III. — Eleetions. 

§ 1. A general election for all the officers of the coi-po- Time of eiec- 
ration required to be elected by this act, or any ordinance of *^°°- 
the city, shall be held in each of the wards of said city, on 
the ffi'st Tuesday of April in each year, or at such other 
time as the common council may provide by ordinance, at 
such places as the common council may appoint, and of 
which six days previous public notice sliall be given, by 
written or printed notices, in three pubhc places in each 
ward, or by publication in the corporation newspaper of the 
city, by the city clerk. 

§ 2. The manner of conducting and voting at the elec- Manner of elec- 
tions held under this act, and contesting the same, the keep- ^^^°^- 
ing the poll lists, canvassing of the votes and certifying the 
returns shall be the same, as nearly as may be, as is now or 
may hereafter be provided by law, at general state elections : 
Provided^ the common council shall have power to regulate Proviso, 
elections, and the appointment of the judges thereof. The 
voting shall be by ballot, and the judges of elections shall 
take the same oath and shall have the same powers and au- 
thority, as the judges of general elections. After the closing 
of the polls the ballots shall be counted, in the manner pro- 
vided by law, and the returns shall be returned sealed to the 
city clerk, within one day after the election ; and thereupon 
the common council shall meet and canvass the same, and 
declare the result of the election. The persons having the 
highest number of votes for any office shall be declared 
elected. It shall be the duty of the city clerk to notify aU 
persons elected or appointed to office, of their election or 
appointment ; and unless such persons shall qualify within 



40 CITIES. 

ProTiso. twenty days thereafter, the office shall become vacant : Pro- 

vided^ said polls shall be kept open one day, from eight 
o'clock A. M. until seven o'clock p. m., of said day. 

Qualification of § ^- '^^ person shall be entitled to vote at any election 

voters. under this act, who is not entitled to vote at state elections 

and has not been a resident of said city at least six months 
next preceding said election ; he shall have been, moreover, 
an actual resident of the ward in which he proposes to vote 
for ten days previous to such election, and if required by 
any judge, or qualified voter, shall take the following oath, 
before he is permitted to vote : " I swear (or affirm) that I 
am 0.^ the age of 21 years, that I am a citizen of the United 
States (or was a resident of this state at the time of the 
adoption of the constitution) and have been a resident of 
this state one year, and a resident of this city six months 
immediately preceding this election, and am now and have 
been for the last ten days past, a resident of this ward, and 
have not voted at this election:" Provided^ that the voter 
shall be deemed a resident of the ward in which he is ac- 
customed to lodge. 

Place. § 4. J^o election shall be held in any grog-shoj) or other 

place where intoxicating or malt liquors are vended by 
retail ; nor shall any such place be kept open for the sale 
or giving away of such liquors on the day of any civil elec- 
tion in said city. 

niegal voting. § ^- ^^^ pcrsons illegally voting, or offering to vote, at 
any election held under this act, or the ordinances of the 
city in pursuance thereof, shall be punishable according to 
the laws ot the state. 

Chapter IY. — Powers and Duties of Officers. 

Oath. § 1. Every person chosen or appointed to an executive, 

judicial, or administrative office under this act, shall, before 
he enters upon the duties of his office, take and subscribe 
the oath of office prescribed in the constitution of this state, 
and file the same, duly certified by the officer before whom 
it was taken, with the city clerk. 

Oath of mayor. § 2. The mayor shall, before he enters upon the duties 
of his office, in addition to the usual oath, swear (or affirm) 
"That he will devote so much of his time to the duties of 
his office as an efficient and faithful discharge may require." 
He shall preside over the meetings of the common council, 
and shall take care that the laws of this state and the ordi- 
nances of this city are duly enforced, respected and ob- 
served within the city, and that all other officers of the city 
discharge their respective duties ; and he shall cause negli- 
gence and positive violation of duty to be prosecuted and 
punished; he shall from time to time give the common 
council such information and recommend such measures as 
he may deem advantageous to the city. 



CITIES. 41 

§ 3. He is hereby authorized to call on any and all Aid to enforc. 
white male inhabitants of the city or county, over the age i^"'^- 
of eighteen years, to aid in enforcing the laws of the state, 
or the ordinances of the city, and in case of riot, to call out 
tlie militia to aid in suppressing the same, or carrying into 
effect any law or ordinance ; and any person who shall not 
obey such call shall forfeit to said city a fine of not less than 
five doUars, 

§ 4. He shall have power, whenever he may deem it Exhibit, 
necessary, to require of any of the officers of the city an 
exhibit of all his l)Ook3 and papers, and shall have power to 
execute all acts that may be required of him by. this act, or 
any ordinance made in pursuance thereof. 

^ 5. He shall be liable to indictment in any court of re- ladictnK-nt. 
cord in Madison county, for palpable omission of duty, will- 
ful oppression, malconduct or jDartiality in the discharge of 
the duties of his office; and upon conviction shall be^sub- 
ject to a line not exceeding one hundred dohars, and the 
court shall have power, upon the recommendation of the 
jury, to add as part of the judgment, that he be removed 
from office. He shall recei\'e such salary as may be fixed 
by ordinance. 

§ 6. All ordinances shall, before they take effect, be Veto, 
placed in the. office of the city clerk, and if the mayor ap- 
prove thereof Jie shall sign the same, and such as he shall 
not approve, he shall return to the common coimcil, at its 
next meeting thereafter, with his objections thereto. Upon 
the return of any ordinance by the mayor, the vote by which 
the same was passed shall be reconsidered, and if after such 
reconsideration a majority of all the members elected to the 
common council shall agree by the "ayes and noes," which 
shall be entered upon the journals, to. pass the same, it shall 
go into eliect; and if the mayor shall neglect to approve or 
object for a longer period than three days after the same shall 
be placed in the clerk's office, as aforesaid, the same shall go 
into effect. He shall ex ojficio have power to administer any 
oath required to be taken by this act or any law of the state ; 
to take depositions, the acknowledgment of deeds, mortgage's 
and all other instruments of writing, and certity the same, 
under the seal of the city, which shall be good and valid in 
law. 

§ 7. In case of a vacancy in the office of mayor or his Vacancy . r 
being unable to perform the duties of his office, by reason of "^''-'^^''• 
temporary or continued absence or sickness, the common 
council shall appoint one of its members by ballot to preside 
over their meetings, whose official designation shall be "act- 
ing mayor," and "the alderman so appointed shall be vested 
with all the powers and perform all the duties of mayor un- 
til the mayor shall resume his office or the vacancy shall be 
filled by a new election. 

— D 



CITIES. 



Clerk. 



City attorney. 



Marshal. 



Engineer. 



§ 8. The members of the common comicil shall be 
ex officio tire wardens and conservators of th^ peace Avithin 
tlie city, and sliall be exemj^t from jury duty and road labor 
or the payment of road taxes during their term of office. 

§ 9, The clei-k shall keep the corporate seal, and all 
books and papers belonging to the city. He shall attend all 
meetings of the common council and keep a full record of 
their proceedings on the journals ; and copies of all papers 
duly filed in his office and transcrij)ts from the journals ot 
the proceedings of the comm.on council, certified by him 
under the corporate seal, shall be evidence in all courts in 
like manner as if the originals were produced ; he shall like- 
wise draw all warrants on the treasury as prescribed by 
ordinance, and keep an accurate account thereof in a book 
provided for that purpose ; he shall also keep an accurate 
account of all receipts and expenditures in such manner as 
the cojnmon council shall direct, and he shall have power to 
administer any oath required to be taken under this act. 

§ 10. It shall be the duty of the city attorney to perform 
all professional services incident to his office, and, when re- 
quired, to furnish written opinions upon questions and sub- 
jects sul^mitted to him by the mayor or the common council 
or its committees : Provided, however, that the offices of city 
clerk and city attorney may be vested in the same person. 

§ 11. The city treasurer shall receive all moneys belong- 
ing to the city, and shall keep an accurate account of all re- 
ceipts and expenditures, in such manner as the common 
council shall direct. All moneys shall be drawn from the 
treasury in pursuance of an order of the common council by 
a treasury warrant, signed by the clerk, under the city seal. 
Such warrant shall specity for what purpose the amount 
therein named is to be paid. The treasurer-shall exhibit to 
the common council, at least twenty days before the annual 
election of each year, and oftener if required, a full and de- 
tailed account of all receipts and expenditures since the date 
of the last annual report, and also the state of the treasury 
and the state' of each sjDCcial fund therein, which account 
shall 1)6 filed in the office of the clerk. 

§ 12. The city marshal and deputy marshal shall perform 
such duties as shall be prescribed by the common council tor 
the preservation of the public peace, the collection of money 
ibr fines or otherwise. They shall possess the same powers 
and perform the same duties, within the limits of the city of 
Alton, as the constables in the difierent counties possess, 
and may serve any process issuing under and by virtue of 
this act or the ordinances or by-laws of said city at anyplace 
within the county of Madison. 

§ 13. The city engineer shall have the sole power, under 
the direction and control of the common council, to survey 
within the city limits, and he shall l^e governed by such 
rules and ordinances and receive such fees and emoluments 



CITIES. 43 

tor ills servicea as are allowed i>y law to county surveyors, 
or such as tlie common council shall direct and prescribe. 
He shall possess the same powers in making plats and sur- 
veys within the city as is given by law to county surveyors, 
and the like eftect and validity shall be given to his acts, 
and to all plats and surveys made by him as are or may be 
given by law to the acts, plats and surveys of the county 
surveyor. lie shall, when required, superintend the con- 
struction of all public works (trdered by the city, make out 
the plans and estimates thereof and contract for the execu- 
tion of the same. He shall perforin all surveying and engi- 
neering ordered by the common council, and shall under their 
direction estabhsli grades and the boundaries of streets and 
alleys; but such plans, estimates and contracts, grades and 
boundaries shall be tirst reported to the common cumiciland 
'approved by them or they shall not be valid. 

§ 14. The assessor and collector shall perform alt duties Assessor and 
in relation to the assessing of property for the purpose of ^oii^^^or. 
levying the taxes imposed by the common council. In the 
performance of his duties he sjiall have the same powers as 
are or may be given by law to county or town assessors, and 
be subject to the same liabihties. On completing the assess- 
ment lists, and haWng revised and corrected the same, he 
shall sign and return them to the common council. He 
shall collect all taxes and assessments which may be levied 
by the common council, and perform such other duties as 
may be herein prescribed or ordained by the common coun- 
cil: Pi'Ovid&], that the common council shall have power Provi>n. 
to appoint an assistant assessor. 

§ 15. The street inspector may be required to superin- street inspec- 
tend all local improvements in the city, and shall carry into *^''- 
efiect all orders of the common council in relation thereto. It 
shall also be his duty to superintend and supervise the open- 
ing of streets and alleys and the grading, improving and 
repairing thereof, and the construction and repairing . of 
bridges, culverts and sewers ; to order the laying, relaying 
and repairing of side-walks; to give notice to owners of 
property adjoining such side-walks, when required, and upon 
the fuihire of any person to comply with such notice, to cause 
the same to be laid, relaid or repaired and apportion the cost 
thereof among the persons or lots properly chargeable there- 
with, and deliver the account thereof to the city clerk to be 
laid before the common council; to make plans and estimates 
(jf any work ordered in relation to streets and alleys, bridges, 
culverts and sewers; to keep full and accurate accounts, in 
appropriate books, Di all appro]jriations made for work per- 
taining to his office, of all moneys received and all disburse- 
ments thereof, specifying to whom made and on what ac- 
count, and he shall reuder monthly accounts thereof to the 
common council, and shall be ex officio ix deputy marshal. 



44 



CITIES. 



Corporation 
newspaper. 



Harbor master § ^^- ^^^^ liarbor master shall liave power to enforce all 
ordinances and provisions of this act in relation to the wharf 
or pubhc landing, and shall be ex officio a deputy marshah 
He shall pay over to the treasurer, as fast as it is receive;', 
all moneys received by him lor wharfage or otherwise, ari' 
make monthly reports to the common council. 

§ 17. The common council at their meeting on the thii 
Tuesda}^ of April in each year, or as soon thereafter as m^i 
be, shall designate one public newspaper, printed in sal' 
city, to be styled the " Corporation Newspaper," in whic; 
shall be published all ordinances, and other proceedings ai: 
matters required in any case by this act, or by the bj^-lav 
and ordinances of the common council, to be published in ; 
public newspaper. 

Register office, § ^^- There shall be established in said city, a registv 
office, with a common seal, to be provided by the comuK . 
council, in wdiichall deeds and other instruments in writiuL 
conveying, or relating to lands lying in said city, as well ;; 
mortgages upon personal property therein, shall be re- 
corded, and it shall be the duty of the register of said city, 
to record all such deeds, mortgages, and other instruments 
in writing, aforesaid, in proper and well bound books, to be 
provided by the common council for that purpose, and all 
such deeds, mortgages, chattel mortgages and other instru- 
ments of writing, so recorded in the register's office, shall 
have the same force and efi'ect as if the same had been tiled 
and recorded in the recorder's office for Madison county ; 
and the said register shall be entitled to receive the same 
fees as are allowed to recorders of deeds in this state, and 
who shall perform all the duties within said city,Bnd be sub- 
ject to the same liabilities as are recpiired of county re- 
corders in this state. 

§ 19. The common coimcil are hereby authorized, to 
cause to be copied from the recorder's office of Madison 
county, all the deeds, mortgages and other instruments in 
writing recorded in said county of Madison, concerning or 
affecting any real estate, situate in said city of Alton ; and 
said common council may employ the register of the city of 
Alton, or some other competent person, to copy said deeds, 
mortgages, or other writings, into well bound books, to be 
provided for that purpose; and the person so appointed, 
shall have access to the books of record of Madison county, 
for the purpose of making the copy aforesaid, free of charge. 
§ 20. When the deeds, mortgages, and other writings, 
aforesaid, shall be copied, the recorder of Madison county, 
shall assist in comparing said copies with the record thereof, 
and after the correction of all errors, if any, the person so 
employed, and the recorder of Madison county, shall make 
and sign an affidavit, certifying that said copy has been truly 
and correctly made from the records of said office, which 



Records. 



Affidavit. 



certificate sliall be made upon the book in which tlie deeds 
are copied as aforesaid. 

§ 21. Copies made from the books in which tlie deeds Certified 
shall be copied, as aforesaid, certified b}^ tlie rep^ister of the ^^^'^^' 
city of Alton, may be used in evidence, jyrimiafacie^ of the 
existence and contents of the original deeds.' and of the 
time of the original recording of the same. 

§ 22. The recorder of Madison county shall be allowed Recorder's fcee 
live cents for his services and use of his office, for each 
deed or mortgage or other writing copied under the pro- 
Vision of this act, which shall be paid by the city of Alton. 

§ 23. The plats of lands lying within the city limits of ^^^J^ , P^^^' 
the city of Alton, which may hereafter be subdivided into corded. ^ 
lots, shall be recorded in the office of the register of the 
city of Alton, instead of the recorder of Madison county, 
and such recording in the city of Alton of plats already 
made, or to be made, shall have the same effect as if the same 
were recorded in the office of the recorder of Madison 
county. 

g 2-i. The register of said city shall keep his ofiiice within Register's 
the boundaries thereof, in a safe "and convenient place, to be ^'^^^• 
provided by the common council, and from and after this act 
shall take effect the said register's office shall be and remain, 
to all intents and purposes, the place in which to record deeds, 
mortgages and other instruments in writing, relating to real 
estate and personal property, within the limits of said city, 
and all copies of such deeds, mortgages, chattel mortgages 
and other instruments in writing, from the records of said 
ofilce, duly certified, under the seal of said office, shall have 
the same force and efiect as certified copies made bv other 
recorders. 

§ 25. The common council shall have power, from time Power of com- 
to time, to require further and other duties, of all ofiicers n^o" c-^^-i'-'^'' 
whose duties are herein prescribed, and prescribe the powers 
and duties of all officers, elected or appointed, to any office 
I under this act, v,diose duties are not herein specificalfv men- 
tioned, and fix their compensation ; they may, also, require 
all officers, sevei-ally, before they enter upon the duties of 
their respective offices, to execute a bond to the city of Alton, 
in such sum, and with such securities as they mav approve, 
conditioned, that they shall faithfully execiite the duties of 
their respective ofiices, and account for and pay over all 
moneys and other property received by them, which bond, 
with the approval of the common council certified thereon, 
by Hie clerk, shall be filed in his oftice. 

§ 26. If any person having been an officer of sdid city, Deliverr to 
shall not within ten days, after'^notification and request, de- ••successors, 
liver to his successor in ofiice, all the property, books, 
papers, and effects of every description in his possession, be- 
longing to said city or appertaining to his said office, he shall 
forfeit and pay, for the use of the city, fifty dollars, beside 



iJlTIEg; 



^. oramissions. 



Suit? 



Proviso; 



C cysts 



ail damages caused by liis neglect or refusal so to deliver, and 
such successor may recover 230ssession of the books, papers 
and eifects belonging to his office, in manner prescribed by 
the laws of the state, 

§ 27. All officers elected or a^^pointed under this act^ 
shall be commissioned by warrant under the corporate seal 
and signed by the clerk, 

§ 28. All suits or actions for the recovery of any fine; 
penalty or forfeiture, arising under this act or the ordinances 
of the citv^ where the amount sued for, oi* in controversy^ 
does not exceed one hundred dollars, may be brought before 
any police magistrate of the city, or before any justice of the 
peace in the city, designated by the common council : Pw- 
vided^ that police magistrates and police constables when 
elected under any law of this state, and all justices of the 
peace, designated by the common council, or called upon to 
act under any ordinance of the city shall, in addition to the 
bond now required by the laws of this state, enter into bond 
to the city of Alton, in such Sum as the common council 
may direct, binding them to make their reports and pay over 
to the treasurer all moneys wdiich may come into their hands 
belonging to the city, and to obey and conform to such police 
regulations as may be established by the common council. 

§ 29. In all prosecutions or suits brought by the city of 
Alton for the Adohition of any ordinance, by-law^ or police 
regulation, the said city shall be exempt from all costs or 
Court fees, to the same extent as the state, by the laws 
thereof, is, in criminal prosecutions; but all officers acting 
under the ordinances or' said city, inay receive such com- 
pensation, in lieu of costs, as may be provided by ordinance. 



Chapter Y. — Of the Common Council — its General Potvers 
and Pukes. 



t'ommou ccnm 
cil. 



§ 1. The mayor and aldermen shall constitute the com- 
mon council of said city. The common council shall meet 
at such times and places as they shall, by resolution, direct; 
The mayor, when present, shall preside at all meetings of 
the common council, and shall have a casting vote in all 
cases except in elections^ lii his absence, any one of the 
aldermen may be appointed to preside. A majority of the 
persons elected as aldermen shall constitute a quorum. 
§ 2. Ko member of the common council shall, during 
and compen- the period for VN'hich he w^as elected, be appointed to or be 
competent to hold any office of which the emoluments are^ 
paid from the cit}^ treasury, or be directly. or indirectly in- 
terested in any contract, the expense Or consideration 
whereof are to be paid under, any ordinance of the common 
council. They shall receive such compensation as may b^ 
i3rovided by ordinaneei 



Qualification 



nation. 



Cri'iES-. 4 i 

■§ 3. The common council shall hold stated meetings, Meetiuv- 
and the mayor or any two aldermen may call special meet- 
ings, by notice to each of the members of said council, 
•served personally or left at their usual place of abode. Pe- 
titions and remonstrances may be presented to the common 
council, in writing only, and the council shall determine the 
rules of its own proceedings, and be the judge of the elec^ 
tions and cpialifications of its own members, and have power 
to compel the attendance of absent members, and punish 
them for disorderly conduct, and with the concurrence of 
two-thirds of the members elected, may expel a member. 

§ 4:. The common council shall have the management Finances 
and control of the finances, and all other property, real, per- 
sonal and mixed, belonging to the corporation, and shall 
likewise have power within the jurisdiction of the city by 
ordinance — 

§ 5. To remove and prevent all obstructions in the Mis- River, 
sissippi river, within said city, and to widen, straighten or 
deepen the same ; to improve and preserve the navigation 
thereof, and to erect, repair and regulate wharves and docks, 
arid to regmate the rates of wharfage within the limits of 
the city. 

§ 6. To borrow money on the credit of the city, and Borrow monej 
issue the bonds of the city therefor ; but no sum of mone^/ 
shall be borrowed at a higher rate of interest than the rate 
allowed by law. All bonds shall specify tor what pm-pose 
tliey were issued, and shall not be invalid if sold for less 
than their par value. 

§ 7. To appropriate money and to provide for the pay- ^^"^^f '^'^^ (^^ 
ments of the debts and expenses of the city, peaces. 

§ 8. To make i*egulations to prevent the introduction of Contagious 
contagious diseases into the city ; to make quarantine laws ^^^^'^*^*- 
for that purpose, and to enforce them witliin the city and 
within five miles thereof. 

§ 9. To make regulations to secure the general health Health, 
and comfort of the inhabitants ; to prevent, abate and re- 
move nuisances and punish the authors thereof by penalties, 
fine and imprisonment ; to define and declare what shall be 
deemed nuisances, and authorize and direct the summary 
abatement thereof. 

§ 10. To provide the city with water; to make^ regulate Water, 
and establish public wells, pumps and cisterns and hydrants 
and reservoirs in the streets within the city oi- beyond the 
limits thereof, for the extinguishment of tires and the con- 
venience of the inhabitants and to prevent the unnecessary 
waste of water. 

§ 11. To have the exclusive control and power over the Streets, kc. 
streets, alleys, landings and public grounds "and highways 
of the city; and to abate and remove any encroachments or 
X)bstructions thereon ; to open, alter, abolish, widen, extend, 
^straighten, estabhsh, regulate, grade, regrade, clean or other- 



48 



ciTii:?. 



Markets. 



Cemeteries 



Hospita's. 



Side-walks. 



wise improve the same ; to put drains and sewers thereii 
and prevent the incumbering thereof in any manner, ana 
protect the same from any encroachment or iujurj. 
Bridire3,sewers § 1^' "^^ establish, erect, construct, regulate and keep 
Ac." ' in repair bridges, culverts and sewers, side-Valks and cross- 

ways, and regulate the construction and use of the same, 
and to abate any obstructions or encroachments thereon ; to 
establish, alter, change and straighten the channels of water 
courses and natural drains ; to sewer the same, or wall them 
up and cover them over, and to prevent, regulate and con- 
trol the fitting up, altering or changing the channels thereof 
by private persons. 
Ughh § 13. To provide for lighting the streets and erecting 

lamp posts and lamps therein, and regulate the lighting 
thereof; and from time to time create, alter or extend lamp 
districts ; to exclusively regulate, direct andL control the lay- 
ing and repairing of gas pipes and gas fixtures in the streets, 
alleys, side-walks and elsewhere. 

§ 14. To establish and erect markets and market houses 
and other public buildings of the city, and provide for the 
government and regulation thereof and their erection and 
location, and to authorize their erection on the streets and 
avenues or public grounds of the city, and the continuation 
of such as are already erected on the same. 

§ 15. To provide for the inclosing, regulating and im- 
proving all ]jublic grounds and cemeteries belonging to the 
city, and to direct and regulate the planting and preser^^ng 
of ornamental or shade trees in the streets or public grounds. 

§ 16. To erect and establish one or more hospitals or 
dispensariesj and control and regulate the same. 

§ 17. To prevent the incumbering of the streets, alle^ys, 
side-walks or public grounds with carriages, wagons, carts,- 
wheelbarrows^ boxes, lumber, timber, firewood, posts, awn-- 
ings, signs, or any other substance or materials Avhatever ; to 
compel all persons to keep snow, iee, dirt and other rubbish 
from the side-walks and street gutters in front of the pre- 
mises occupied by them, 
liicense* § 1^- 1'<^ license, tax and regulate merchants, commis- 

sion merchants, inn keepers, brokers, money brokers, in- 
surance brokers and auctioneers, and to impose duties upon 
the sales of goods at auction; to license, tax, regulate, sup-- 
press and prohibit hawkers, peddlers, pawn brokers and 
keepers of ordinaries^ theatrical or other exhiMtion, shows 
and amusements. 

§ 19. To license, tax and regulate hackmeii, draymen^ 
omnibus drivers, porters and all others pursuing like occu- 
pations, with or without vehicles, and prescribe their com- 
pensation ; and to regulate, license and restrain runners foF' 
steamboats, ears, stages and public houses. 
Femes. § 20. To have exclusive power to license ferries and re-- 

gulate the same, and the landijigs thereof,, within the limite- 
©f the city. 



CITIES. 4i^ 

§ 21. To license, tax, r.-^'-ulate and suppress billiard- Gaming, 
tables, pin-alleys and ball-alleys; to suppress and restrain 
disorderly bouses, tippling; sliops and groceries, bawdy 
bouses, gambling and gambling bouses, lotteries and all 
fraudulent devices and practices, and all playing of cards, 
dice, dominoes and otber games of cbance, witb or witbout 
betting, and to autborize tbe seizure and destruction of all 
instruments and devices used for tbe purpose of gaming. 

§ 22. To autborize tbe projier officer of tbe city to grant License-, 
and issue licenses, and to direct tbe manner of issuing and 
registering tbercof, and tbe fees and cbarges to be paid 
tberefor, ISo license sball be granted for more tban one 
'year, and not less tban five dollars nor more tban five bun- 
dred dollars sball be cbarged for any license under tliis act; 
and tbe fees for issuing tbe same sball not exceed one dob 
lar; but no license for tbe sale of wines or otber liquors, 
ardent, vinous, fermented or malt, at wbolsesale or retail, by 
2:rocery keepers, inn keepers or otbers, sball be issued for 
Tess tban iifty dollars. 

§ 23. To restrain, regulate, and probibit tbe selling or Liquors, 
giving away of any intoxicating or malt liquors, by any 
person witbin tbe city, except by persons duly licensed. 
To forbid and punisb tbe selling or giving avray of any 
intoxicating or malt liquors to any minor, apprentice, servant, 
or babitual dntnkard, witbout tbe consent of tbe parent, 
guardian, master or mistress* 

§ 2±. To prevent, restrain and punisb engrossing, fore- inspection, 
stalling and regrating. To regulate tbe inspection and 
vending of fresb meats, poultry and vegetables ; of butter, 
lard '^nd otber provisions; and tbe place and manner of 
selling iish, and iiispecting tbe same. 

§ 25, To regulate, license and probibit butcbers; and to Bntchera. 
revoke tbeir license for malconduct in tbe course of trade. 

§ 2G. To establisb standard weigbts and measures^ and Weights and 
regulate tbe weigbts and measures to be used witbin tbe "'"^*"''^^- 
city, in all cases not otherwise ])rovided by law. To require 
all traders or dealers in mercbandise or j^roperty of any 
description, wbicli is eold by measure or -^veigbt, to cause 
tbeir measures or weigbts to be tested and sealed by tbe 
city sealer, and be subject to liis inspection* Tbe standard 
of sucb weigbts and measures sball be conformable to tbose 
establisbed by law. 

§ 27. To regulate and ])rovido for tbe inspecting and Inspection, 
measuring of lumber, sbingles, tind^ers, posts,- staves, bead- 
ing, and all kinds of building materials; and for measuring 
all kinds of mecbanical work ; and to appoint one or more 
ins])ectors or measurers tberefor. 

§ 28. Exclusively to provide for tbe inspection and 
weigbing of bay, lime, stone coal, and tbe jjlace and maimer 
of selling tbe same. To regulate tbe measurement of fire 
■Svood, cbarcoal and otber fuel, to be sold or used witbin tbe 
city, and tbe i^lace and manner of selling tbe same. 



CITIES; 



md 



§ 29. To regulate the inspection of beef, pork, floury 
meal, salt and other provisions; whisky, and other liquorSj 
to be sold in barrels; hogsheads, and other vessels or pack- 
ages. To appoint weighers, gangers and inspectors, and 
prescribe their duties and regulate their fees: Provided^, 
that nothing herein shall be so construed as to require the 
inspection of any articles enumerated herein which are to 
be shipped beyond the limits of this state, except at the 
request of the owner thereof!, or his agent. 

§ 30. To regulate the weight and quality of bread to l>e 
sold or used within the city. 

§ 31. To regulate the size and quality of bricks sold or 
used within the city, and the inspection thereof. 

§ 32. To create, establish and regulate the police of the 
city; to appoint watchmen and policemen, and prescribe 
their duties and powers. 

§ 33. To prevent and suppress any riot, rout, affi-ay. 
noise, disturbance or disorderly assembly, in any public or 
private place within the city. 

§ 3dl:. To prevent, proliibit and suppress horse racing, 
immoderate riding or driving in the streets, and to author- 
ize persons immoderately riding or driving as aforesaid to 
be stopped by any person; to prohibit and punish the abuse 
of animals ; to compel persons to fasten their horses, or 
other animals, attached to vehicles or otherwise, while 
standing or remaining in the streets. 

§ 35. To restrain and punish vagrants, mendicants, 
street beggars and prostitutes. 

§ 36. To establish and regulate public pounds, and to 
regulate the running at large of horses, mules^ cattle and 
sheep; to regulate, restrain and prohibit the running at 
large of swine, goats and geese^ and to authorize the 
distraining, impounding and sale of the same for the costs 
of the proceeding and the penalty incurred ; and to impose 
penalties on the owners thereof tor a violation of any ordi- 
nance in relation thereto. 

§ 37. To tax, regulate, restrain and prohibit the running 
at large of dogs, and to authorize their destruction when at 
large contrary to ordinance;, and to impose penalties on the 
owners or keepers thereof. 

§ 38. To prohibit and restrain the rolling of hoops, 
flying of kites, or any other annisement or practices tending 
to annoy persons passing on the streets or sidewalks, or to 
frighten horses or teams ; to restrain and prohibit the ring- 
ing of bells, blowing of horns or bugles, crying of goods, 
and all other noises^ performances and practices tending to 
the collecting of persons on the streets and side-walksj by 
auctioneers and others, for the purpose of business, amuse- 
ment or otherwise. 

§ 39i To abate all nuisances \vliich may injure or affect 
the public health or comfortj in any manner they may deem 
expedient. 



CITIESi 51 

§ iO. To do all acts and to make all regulations -whicli 
may be necessary or ex])edient tor tlie promotion of Lealtli 
and tlie suppression of disease. 

§ 41. To compel the owner or occnpant of any grocery, 
cellar, soap or tallow cliandler, or blacksmith shop, tannery, 
stable, slaughter house, distillery, breweries, sewer, privy, 
or other unwholesome or nauseous house or place, to cleanse, 
remove or abate the same, as may be necessary for the 
health, comfort and convenience of the inhabitants. 

§ 42. To direct the location and regulate the manage- Breweries, tan- 
ment and construction of breweries, tanneries, blacksmith °^"^Sj ^^• 
shops, foundries, livery stables and packing houses; to 
direct the location and regulate the management and con- 
struction of and restrain, abate and prohibit within the city, 
and to the distance of one mile from the limits thereof, 
slaughtering establishments, establishments for steaming or 
rendering lard, tallow, oUal and such other substances as 
may be rendered, and all other establishments or places 
where any nauseous, offensive or unwholesome business 
may be carried on. 

§ 43. To regulate the burial of the dead; to establish ^""a]. 
and regulate one or more cemeteries; to regidate the regis- 
tration of births and deaths; to direct the returning and 
keeping of bills of mortality, and impose penalties on phy- 
sicians, sextons and others for any default in the premises. 

§ 44. To provide for taking an enumeration of the Census. 
inhabitants of the city. 

§ 4.5. To erect and establish a work house or house of ^^^'^ ^""''^' 
correction; make all necessary regulations therefor, and 
appoint all necessary kee23ers or assistants. In such work 
house or house of correction may be confined all vagrants, 
stragglers, idle and disorderly persons, who may be commit- 
ted thereto, by the proper officer, and all persons sentenced 
by any criminal court Or magistrate in and for the city, for 
any assault and battery, petit larceny or other misdemeanor, 
punishable by imprisonment in tiny county jail; and any 
person who shall fail or neglect to pay any fine, penalty or 
costs imposed for any inisdemeanor or breach of any ordi- 
nance of the city, may, instead of being committed to jail, 
be kept therein, subject to labor and confinement. 

§ 46. To authorize and direct the taking up and provi- Destitute chii- 
ding for the safe keeping and education, for such periods of *^''^"- 
time as may be deemed expedient, all children who are 
destitute of proper parental care and left to wander about, 
and growing up in mendicancy, ignorance, idleness and 
Vice. 

§ 47. To fill up, cleanse, drain, alter, relay, repair and Privies, 
regulate any grounds, lots, yards, cellars, private drains, 
sinks and privies; direct and regulate their construction and 
cause the expense^3 thereof to be assessed and collected in 
the same manner as side-walk assessments. 



0^ CITIES. 

Haiiroad tracks § -±8. To clircct and control the laying and constructing 
of railroad tracks, bridges, turn outs and switches, in the 
streets and alleys, and the location of depot grounds within 
the city. To require that railroad tracks, bridges, turn-outs 
and, switches shall be so constructed and laid as to interfere 
as little as possible with the ordinary travel and use of the 
streets and alleys, and that sufficient space shall be left on 
either side of said tracks for the safe and convenient passage 
of teams and persons. To require railroad companies ti:> 
keep in repair the streets or alleys through which their track 
may run, and if ordered by the common council to light the 
same ; and to construct and keep in repair suitable crossings 
at the intersection of streets and alleys and ditches, sewers 
and culverts, when the common council shall deem neces- 
sary. To direct the use and regulate the speed of locomo- 
tive engines within the inhabited portions of the city. To 
prohibit and restrain railroad companies from doing storage 
or warehouse business or collecting pay for storage. 

Grdiuances. § '^^' The common council shall have power to pass, 

publish, amend and repeal all ordinances, rules and police 
regulations not contrary to the constitution of the United 
States or of this state, for the good government, peace and 
order of the city and the trade and commerce thereof, that 
may be necessary or proper to carry into efi^ct the powers 
vested by this act in the corporation, the city government 
or any department or officer thereof; to enforce the observ- 
ance of all such rules, ordinances and police regulations, 
and to punish violations thereof by fines, penalties and 
imprisonment in the city prison or work house or both, in 
the discretion of the court or magistrate, before whom con- 
viction may be had; but no fine or penalty shall exceed five 
hundred dollars nor the imprisonment six months for any 
offence; and such fine or penalty may be recovered with 
costs in an action of debt, in the name of and for the use of 
the city, 1)ofore any court having jurisdiction, and punish-^ 
iiient inflicted; and any person upon whom any fine or 
penalty is imposed, shall stand committed until the payment 
of the same with costs; and in default thereof, may be 
imprisoned in the city prison or work house, or be required 
to labor on the streets or other public works of the city, for 
such time and in such manner as may be provided by ordi-- 
iiance. 



Cn AFTER Yl-^Of Taxation. 

§ 1. The common council shall have power within the 
city, by ordinance — First, to levy and collect annually taxes 
not exceeding five mills to the dollar, on the assessed value 
of all real and personal estate, and property within the city, 
and all personal property of the inhabitants thereof, made 
taxable by the laws of the state for state purposes, in lieu of 



CITIES, 58 

a county tax, to defray the general and contingent expenses 
of the city, not herein otherwise provided for, which taxes 
shall constitute the general fund. 

§ 2, To annuahy levy and collect a school tax, notf^ ex- School tax, 
ceeding two and one-half mills on the dollar, on the assess- 
ed value of all the real estate in said city, to be expended in 
purchasing grounds for school houses, and building, lurnish- 
ing and repairing the same; also to levy and collect a tax, 
not exceeding three mills on the dollar, on all personal pro- 
perty within the city, to be expended in paying teachers for 
said school. All money collected by taxation fur school pur- 
poses, together with any other school funds belonging to 
said city, shall be kept distinct from all other funds in the 
city treasury, and to be used for no other purpose whatever. 

§ 3. To levy and collect, annually, as other taxes are Special tax. 
collected, a special tax not exceeding ti\-e mills on the dol- 
lar, on all real and personal estate in said city, subject to 
taxation, to meet the interest accruing on the bonded debt 
of said city, or on bonds falling due within the hscal year 
next ensuing: Provided^ that the common council of said Proviso, 
city shall, annually, by ordinance or resolution, after the as- 
sessment for the current year shall have been made and re- 
turned to the common council, determine what amount will, 
be required for such purpose, and proceed to levy such j^er 
cent, as may be suliicienl to raise the required sum, not ex- 
ceeding the per cent, authorized by this section. 

§ 4. To annually levy and collect taxes on all property 
subject to taxation, when required for the erection of mar- 
kets, hospital or work-house; the purchase of market 
grounds, public squares, landings, or lor any other public 
improvements : Provided^ the estimated cost of a work- 
hou&e or market-house may be apportioned by the common 
council, and collected by a series of annual assessments. 
But no tax or taxes shall be levied in any one year mider 
tliis section, which shall exceed five mills on the dollar, on 
the property assessed, for any or all the purposes herein 
speciiied. The revenue arising from such markets, landing 
or other improvements, shall be applied to the liquidating the 
costs thereof, and taxes shall be levied and collected to make 
up the deticiency. 

§ 5. The common council shall keep all county and state Roads and 
roads and bridges, within the city, in good repair, and for ^"'^ses. 
tliat purpose shall require, (and it is hereby made the duty 
of) every male resident of the city, over the age uf twenty- 
one years, and under the age of fifty years, to labor three 
days in each year upon the roads or streets of the city ; but 
any person may, at his option, pay, in lieu thereof, two dol- 
lars: Provided^ the same shall be paid within ten days af- 
ter notiticatiou, as provided by this act, or as provided by 
ordinance ; in default of payment as aforesaid, the sum of 
three dollars, and costs, may be collected, and no set off 
shall be allowed in any suit brought to collect the same. 



to? 



■)± CITIES. 

CriAPTER Yll — Assessments for Opening Streets, Alleys and 
PiihliG Landings. 

_,.^^ § 1. The coinii'ion council sliall have power to lay out 

streets, Ic. public squarcs or gronncls/ public landings, streets, alleys, 
lanes and highways ; and alter, widen, contract, straighten, 
extend and discontinue the same ; and shall cause all streets, 
alleys, lanes, highways, landings, or public squares or 
grounds, laid out, or proposed to be laid out, to be surveyed, 
described and recorded in a book, to be kept by the clerk, 
showing particularly the proposed improvements, and the 
real estate required to be taken ; and the same when open- 
ed and made, shall be iniblic highways. 

§ 2. Whenever any s reet, alley, lane, highway, landin_ 
or public square or ground is laid out, altered widened, con 
■ '' ' ' tracted, straightened' or extended, by virtue hereof, and the 

amount of compensation cannot be agreed upon, the com- 
mon council shall give notice of their intention to appropri- 
ate and take the land necessary for the same, to the owner or 
owners thereof, by publishing a notice for ten days in the 
corporation newspaper ; at the expiration of which time, they 
shall choose, by ballot, three disinterested freeholders, re- 
siding in said city, as commissioners to ascertain and assess 
the damages, and recompense, due the owners of such lands, 
respectively ; and at the same time to determine what per- 
sons wuil be benefitted by such improvements ; and assess 
the damages and expenses thereof on the real estate of per- 
sons who are benelitted, in proportion as nearly as may be, 
to the benefits accruing to each, A majority of all the al- 
derm^en authorized by law to be elected, shall be necessarjf 
to the choice of such commisioners. 
„ . . § 3. The commissioners shall be sworn faithfully to ex- 

ers. ecute their duties according to the best of their ability. Be- 

fore entering upon their duties, they shall give notice to the 
persons interested of the time and place of their meeting for 
tlie purpose of viewing the premises, and making their as- 
sessment, at least live days before the time of such meeting, 
b}' publishing the same in the corporation newspaper, and 
in their discretion, receive any legal e^ddence, and may, if 
necessary, adjourn from day to day. 

§ 4. If there should be any building standing, in whole 
Rniidiiigs. Q^ jjj^ p^j.^.^ upon the land to be taken, the commissioners, be- 
fore proceeding to make their assessment, shall first estimate 
and determine the whole value of such building to the own- 
er, aside from the value of the land, and the injury to him 
in having such building taken from him ; and secondly, the 
value of such building to him, to remove. 
Notice § 5. At least five days' notice shall be given to the own- 

er, of such determination, when known, and a resident of 
the city, or left at his usual place of abode. If not known, 
or a non-resident, notice to all persons interested shall be 



CITIES. . OO 

given, by publication for ten clays in tlie corporation news- 
paper; and such notice sliall be signed by the commission- 
ers, and specify the building and the award of the commis- 
sioners. It shall also require parties interested to appear by 
a day to be named therein, or give notice of their intention 
to the common council either to accept the award, and allow 
such building to be taken, with the land condenmed or ap- 
propriated, or of their intention to receive such building at 
the value set thereon by the commissioners to remove; it* 
the owner shall agree to remove the building, he shall have 
such time for that purpose as the common council may allow. 

§ G. If the owner refuse to take the building at the saie of build- 
value, to remove, or fail to give notice of his intention as i°^- 
aforesaid, within the time prescribed, the common council 
shall have power to direct the sale of such building, at 
public auction, for cash, giving five days' notice of the sale; 
tlie proceeds of such sale shall be paid to the owner, or de- 
posited to his use. 

§ 7. The commissioners shall thereupon proceed to make Assessment cf 



owner 



damages. 



their assessments, and determine and appraise to the 
or owners, the value of the real estate appropriated for the 
improvement, and the injury arising to them, respectively, 
from the condemnation thereof, which shall be awarded to 
such o\vners, respectively, as damages, after making due al- 
lowance therefrom for any benefit which such owners shall 
respectively derive from such improvement. In the estiniate 
of damage to the land, the commissioners shall include the 
value of the building, (if the property of the owner of such 
land.) as esthnated by them as aforesaid, less the proceeds 
of the sale thereof; or if taken by tlie owner, at the value to 
remove, in that case they shall only include the dili'erence 
between such value and the whole estimated value cf such 
building. 

§ 8. " If the damages to any person be greater than the Damages and 
benefits received, or the benefit is greater than the damages, benefits. 
in either case the commissioners shall strike a balance and 
carry the ditt'erence forward to another coimmn, so that the 
assessment may show what amount is to be received or paid 
by such owners, respectively, and the ditt'erence only shall 
in any case be culleci"al)le of them or paid to them. 

§ y. If the lands and buildings belong to ditterent per- Lands lea^^cd 
sons or if the land be subject to lea^e or mortgage the inju- or mortgaged. 
rv done to such persons, respectively, may be awarded to 
them by the commissioners, less the benefits resulting to 
them, respectively, from the improvement. 

^ 10. Having ascertained the damages and expenses of Return-, 
such improvement, as aforesaid, the cominissiouers shall 
thereu])on apportion and assess the same, together with costs 
of the proceedings, upon tlie real estate by them deemed 
benefitted, in proportion to the benefits resulting thereto 
from the improvements, as nearly as may be, and shall de- 



56 



CITIES, 



6cribe the real estate upon wliich their assessments may be 
made ; when completed, the commissioners shall sign and 
return the same to the common council within forty days of 
their appointment. 
.Notice. § 11. The clerk shall give ten days' notice, in the corpo- 

ration newspaper, that such assessment has been returned, 
.and on a day, to be specified therein, will be confirmed by 
the common council, unless objections to the same be made 
by some person interested. Objections may be heard be- 
fore the common council, and the hearing may be adjourned 
from day to day. The common council shall have power, in 
their discretion, to confirm or annul the assessment or refer 
the same back to the commissioners. If annulled all the 
proceedings shall be void ; if confirmed an order of confir- 
mation shall be entered, directing a warrant to issue for the 
collection thereof. If referred back to the same or other 
commissioners they shall proceed to make their assessment 
in like manner and give like notices as herein required in 
relation to the first; and all parties in interest shall have the 
like notices and rights, and the common council shall per- 
form like duties and have like powers in relation to any sub- 
sequent determination as are herein given in relation to the 
first. 

§ 12. The common council shall have power to remove 
commissioners and trom time to time appoint others in the 
place of such as may be removed, refuse, neglect or be una- 
ble, from any cause, to serve. 

§ 13. E'othing herein contained shall authorize the com- 
mon council to discontinue or contract any street or high- 
way or any 23art thereof, without consent, in writing, of all 
persons owning land adjoining said street or highway. 

§ 14. The land required to be taken for the making, 
opening, widening or extending any street, lane, alley or 
other highway, public ground or square shall not be appro- 
priated until the damages awarded therefor to any owners 
thereof, under this act, shall be paid or tendered to such 
owner or his agent, or in case the owner or his agent cannot 
be found in said city deposited to his or their credit in some 
safe place of deposit other than the hands of the treasurer ; 
and then, and not before, such lands may be taken and ap- 
propriated for the purposes required in making such im- 
provements, and such street, lane, alley, highway, public 
ground or square may be opened. 
Contract. § 15. Where the whole of any lot or parcel of land or 

other premises, under lease or other contract, shall be taken 
for any of the purposes aforesaid, by virtue of this act, all 
the covenants, contracts and engagements between land- 
lords and tenants or any other contracting parties, touching 
the same or any part thereof, shall upon the confirmation 
of such report, respectively, cease and be absolutely dis- 
charged. 



Removal of 
commissiou- 



Gonsent. 



Compensation. 



CITIES. 57 

§ 10. Wliere part only of any lot or parcel of land or 
other premises, so under lease or oilier contract, shall be 
taken for any of the purposes aforesaid, by virtue of this act, 
all the covenants, contracts and agreements and engage- 
ments respecting the same, upon the confirmation of such 
j-eport, shall be absolutely void as to the part thereof taken, 
but shall remain valid as to the residue thereof; and the 
rents, considerations and payments reserved, payable and to 
be paid for or in respect to the same, shall be so proportioned 
as that the part tliereof justl}^ and equitably payable for 
such residue thereof, and no more, shall be paid or recov- 
erable, in an^^ respect, of the same. 

§ 17. Any person interested may appeal from any final -Appeal, 
order of the common council for opening, widening and ex- 
tend hig any street, alley, public ground or highway to any 
court of record in Madison county, by notice, in writing, to 
the mayor or clerk, at any time before the expiration of 
twenty days after the passage of such final order. In case 
of appeal the common council sliall make return, within 
thirty days after notice thereof, and the court shall, at the 
next term after return filed in the office of the clerk thereof", 

■ hear and determine such- appeal, and confirm or annul the 
proceedings ; from whicli judgment no appeal or writ of er- 
ror shall lie. Upon the trial of the appeal all questions in- 
volved in said proceedings, including the amount of dam- 
ages, shall be open to investigation, by affidavit or oral testi- 
mony, addressed to the court, and the burden of j)roof shall 
in all cases be upon the city to show that the proceedings 
are in conformity with this act. 

§ 18. The common council may, by ordinance, make any ci ^iiges in 
changes they may deem advisaljle in the proceedings herein r^o-^^^^i^s*' 
prescribed for ascertaining the damages and injury occasion- 
ed to any person or real estate by reason of the condemna- 

. tion of any real estate upon which any buildings may be 
situated, in whole or in part, and the assessment of such 
damages and injury upon persons or real estate benefitted 
by the improvement, and in all such other respects as ex- 
perience may suggest. 

§ 19. In all cases where there is no agreement to the ^'^^^^P,*^'*^' 
contrary the owner or landlord and not the occupant or ^^^^''™^" ^' 

j- tenant shall be deemed the j^erson who ought to bear and 
pay every assessment made for the expense of any public 
improvement. Where any such assessment shall be made 
upon or paid, by any person, when by agreement or by law 
the same ought to be borne or paid by any other person, it 
shall be lawful for any one so paying to sue for and recover 
of the person bound to pay the same the amount so paid, 

I with interest. Nothing herein contained sliall impair or in 
any way aftect any agreement between any landlord and 

1 tenant or other person respecting the payment of such as- 

' sessment. 

— E 

b 



58 



CITIES. 



Laudint 



Grading. 



Walks and t 
era. 



Public squares 



Expenses, 



Proviso. 



Commissioner; 



Notice. 



§ 20, Whenever the common council deem it necessary 
or expedient to widen^ enlarge or extend the public landing, 
and any persons, owners or claiming to own any ground, 
right or privilege which may be by the council deemed ne- 
cessary for the enlargement or extension of the public land- 
ing or wharf they may proceed to condemn the same, for 
public use, in the same manner as is provided by this act for 
opening, widening and extending streets and public land- 
ings or as may be provided by ordinance for such pur- 
poses. 

Chaptek YIII — PvMiG Improvements and Assess?7ienis 
therefor. 

§ 1, The common council shall have pOAver, by ordi' 
nance, from time to time, to cause any street, alley or high- 
way to be graded, regraded, leveled, paved, repaved, ma- 
cadamized or planked, and to keep the same in repair. 

Second. — To cause cross and sidewalks, main drains and 
sewers, gutters, private drains and aqueducts to be con- 
structed and laid, relaid, cleansed and repaired, and regu- 
late the same. 

Third. — To grade, improve, j^rotect and ornament any 
public square or landing, now or hereafter laid out, 

§ 2. The expenses of any improvement mentioned in 
the foregoing section, except alleys, sidewalks and private 
drains, shall be assessed upon the real estate in any portion 
of the city benefitted thereby, with the costs of the proceed- 
ings therein, in proportion as nearly as may be, to the ben- 
efits resulting thereto or as may be prescribed by ordinance : 
Provided., that the expense of grading or leveling all streets 
shall be paid from the general fund, and that no assessment 
shall exceed three per cent, per annum on the property as- 
sessed: Aoid provided' further ., that any person required to 
make any improvement or rej^air, under this act, by special 
assessment, shall have the right to do so at his own costs and 
charge, under the direction of the common council, and 
thereby exempt his property from taxation for the making 
of such improvement. 

§ 3. The amount to be assessed for any such improve- 
ment, except side-walks, alleys and jDiivate drains, shall be 
determined by the common council ; and they shall, by 
ballot, appoint, by a majority of all the aldermen authorized 
to be elected, three reputable freeholders of the city, to 
make such assessment. The commissioners shall be sworn 
faithfully and impartially to execute their duty to the best of 
their ability. 

§ 4-. Before entering on their duties the commissioners 
shall give six days' notice, in the corporation newspaper, of 
the time and place of meeting, to all persons interested, and 
tliey may, if necessary, adjourn from day to day. The com- 



CITIES. 59 

missioners sliall assess the amount directed bj tlie common 
council to be assessed on the real estate by them deemed 
benehtted by any such improvement, in proportion to the 
beneiit resulting thereto, as nearly as may be, and briefly 
describe in the assessment list to be made by them the real 
estate in respect to which any assessment is made and the 
value thereof. 

§ 5. If the commissioners shall be of opinion than any Dama^^cs ;,nd 
owner of land, situate upon any street, alley or other high- '^^"*^^*^- 
way, graded or leveled, under this section, will sustain dam- 
ages over and above the benehts which maj" accrue to the 
owner of such land by the improvement, they may assess 
such an amount as they may deem a reasonable recompense 
to such owner, upon the real estate benetitted, in the man- 
ner aforesaid, and such sum. shall be added to their assess- 
ment at the time of tiling the list. 

§ 6. When the commissioners shall have completed their Report, 
assessment and made a corrected copy thereof they shall 
deliver the same to the city clerk, within twenty days after 
their appointment, signed by all the commissioners. The 
clerk shall thereupon cause a notice to be published in the 
corporation newspaper, for six days, to all persons interested, 
of the completion of the assessment and the tiling of the 
hst. The time and place shall be designated therein for 
hearing objections thereto. 

§ 7. Any person interested may appeal to the common Appeui. 
council for the correction of the assessment. Appeals shall 
be in writing and hied in the clerk's office, within ten days 
after the iirst publication of said notice. The council may 
adjourn such hearing, from day to day, and shall have 
power, m case of appeal or otherwise, in their discretion, to 
revise and correct the assessment and confirm or annul the 
same and direct a new assessment to be made, in the manner 
hereinbefore directed, by the same commissioners or by 
three others, which shall be final and conclusive on all 
parties interested, if confirmed. When confirmed the as- 
sessment shall be collected, as in other cases ; and no ap- 
peal or writ of error shall lie, in an>- case, from sucli order 
and determination. If any assessment be set aside by 
order of any court, the coiiimon council may cause a new 
one to be made, in like manner, for the same purpose, for 
the collection of the amount so assessed. 

§ 8. If any vacancy happen in the oifice of commis- Vacancy, 
sioners, at any time, by reason of removal, failure or refusal 
or inability, from sickness or other cause, to serve, the com- 
mon council may fill such vacancy. 

§ 9. If the first assessment prove insuflicient another Insufficiency or 
may be made in the same manner; or if too large a sum gessmen^! ''^' 
shall at any time be raised the excess shall be refunded, 
ratably, to those by whom it was paid. 



eo 



CITIES. 



niers and' 
1 pants. 



ilemoving tsui- 
sances. 



imnensation 



§ 10. All owners or occupants in front of or upon wbosv 
premises tlie connnon council shall order and direct side- 
walks or private drains, communicating with any main 
drain, to be constructed, repaired, relaid or cleansed, shall 
niake, repair, relaj or cleanse such sidewalks or private 
drains, at their own cost and charges, in the manner and 
within the time prescribed by ordinance or otherwise ; and 
if not done in the manner and within the time prescribed 
the council may cause the same to be constructed, repaired, 
relaid or cleansed, and assess the expenses thereof, by an 
order, to be entered in their pro.ceedings, upon such lots, 
respectively, and collect the same by warrant and sale of the 



prei 



as in other cases. A suit may also be maintained 



T'vuers of lots, 



against the owner or occu23ant of such premises for the re- 
covery of such expenses as for money paM and lai»l out to 
his use at his request. 

§ 11. In all cases where expenses may be incurred in 
the removal of any nuisance the common council may cause 
the same to be assessed against the real estate chargeable 
therewith, in the manner prescribed in the foregoing sec- 
tion. Such expenses shall be likewise collectable of the 
owner or occupant of such premises in suit for money ex- 
pended to his or their use. In case the same should not be 
chargeable to any real estate suit may in like manner be 
brought for such expenses against the author of such 
nuisance, when known, or any person whose duty it may be 
to remove or abate the same. 

§ 12. Commisssioners appointed under this act may be 
sworn into office by the city clerk ; they shall be allowed 
such compensation for actual service as the common council 
may direct, which, together with all other expenses in rela- 
tion to any assessment made in pursuance of this act, shall 
be deemed a part of the expenses of the improvement and 
i,ncluded therein. The city attorney shall prepare such 
papers and make such, examinations as they may request. 

§ 13. When any known owner, residing in said city or 
elsewhere, shall be an infant and any proceedings shall be 
had under this act the judge of the circuit court of Madison 
county, the county judge or any judge of the supreme court 
or any other court of record in said county, may, oi^ the ap- 
plication of the common council or such infant or his next 
friend aj^j^oint a guardian for such infant, taking security 
from such guardian for the faithful execution of such trust ; 
and all notices and summons required by this act shall be 
served on such guardian. 

§ 14, The common council shall have power to compel 
the owners of lots of ground fronting or adjoining any 
private or public alley to keep the same clean, and, if neces- 
sary, to direct the same to be graded, paved, planked, maca- 
damized or otherwise, and the costs thereof to be assessed 
and collected in the same manner as sidewalk assessments. 



CITIES. 



!'^r 



. § 15. The corporate authorities of the city of Alton Power t^. ;- ; 
be and they are hereby authorized to issue bonds of bonds. 
"the city of Alton, pledging for the security of the jiayment 
of the same the revenue which may be derived from the 
public landing of the city of Alton, under the ordinances 
^vhicli may be passed by said city : Provided^ the amount Prov!?n. 
of said bonds shall at no time exceed, in the aggregate, the 
sum of fifty thousand dollars, nor bear a greater rate of in- 
terest than eight per cent, per annum, 

§ 16. The common council of the city of Alton may and Bor.d;, for \\: 
they are hereby authorized to issue the bonds of the city of Pg^'U-o^ti'^^- 
Alton, in any sara not exceeding one hundred thousand dol- 
lars, for the purpose of improving streets, roads and bridges 
within the corporate limits of said city: Provided, said bonds 
shall not bear a greater rate of interest than eight per cent., 
nor be issued, except in payment for work done, labor ex- 
pended or material furnished undxir a contract with the city 
of Alton. 

Chapter IX. — Collection of Taxes and. Ajssessments. 






§ 1. The common council shall have power, by ordi- 
nance, to prescribe the form of assessment lists and pre- 
scribe the duties and define the powers of assessors. They 
inay also make such rules and give such directions in relation 
to revising, altering or adding to tli^ lists, as they may deem 
proper and expedient. 

§ 2. The annual assessment lists shall be returned by RoTision and 
the assessors on or before the first day of May in each year, correction, 
but tlie time may be changed by order of the common coun- 
cil. On the return thereof the common council shall fix a 
day for hearing objections thereto, and the clerk shall give 
notice of the time and place of such hearing, by publication 
in the newspaper publishing the ordinances of the city ; and 
any person feeling aggrieved by the assessment of his pro- 
perty, may appear at the time specified and make his objec- 
tions. Tire common council shall have power to supply 
omissions in said assessment lists, and, for the purpose of 
equalizing the same, to alter, add to, take from and other- 
wise correct and revise the same, or to refer the same back 
to the assessors, with instructions to revise and correct the 
&ame. 

§ 3. "When the assessment lists shall have been corrected Levy. 
and revised, the same shall be filed, and an order confirming 
tlie same and directing the warrant to be issued for the collec- 
tion thereof shall be entered by the clerk. The connnon 
council shall thereupon, by an ordinance or resolution, levy 
such sum or sums of money as may be sufilcient for the 
several purposes for which taxes are I'lerein authorized to be 
levied, not exceeding the authorized per centage, particular- 
^,y fep^ifV-ihg tli'e p't^rj50&e for which the same are levied, and-, 



62 



ctm: 



for 



general 



pnr])oses, the division of the city npoi: 



Proris-o. 



Tax warrants. 



Warrants to be 
signed and 
sealed. 



Oollection. 



JViou-parnient. 



It not 

which the same are laid, 

§ 4. All taxes and assessments, general or special, levied 
or assessed by the common council mider this act or any; 
ordinance in pm*siiance thereof, shall be a lien upon the real 
estate upon which the same may be imposed, voted or as- 
sessed, for two years from and after the corrected assessment 
lists shall have been confirmed, and on personal estate from 
and after the delivery of the warrant for the collection 
thereof until paid; and no sale or transfer shall affect the 
lien. Any personal property belonging to the debtor may 
be taken and sold for the payment of taxes on real or per- 
sonal estate c Provided^ that in case the collection of any 
assessment shall be delayed by injunction or other judicial 
proceedings, the same shall continue a lien, unless set aside, 
upon such real estate for the period of two years from and 
after the final disposition of such injunction or other judicial 
proceedings. 

§ 5. The clerk shall issue ft warrant or warrants for the 
taxes, and rule therein separate columns^ in which the taxes 
levied shall be respectively set down opposite the name of 
the person or real estate subject thereto ; each column shall 
be headed with the name of the tax therein set down. | 

§ 6. All warrants issued for the collection of general or ' 
special taxes and assessments shall be signed by the mayor 
and clerk, with tlie corporate seiil thereto- attached, and shall 
contain true and perfect copies of the corrected assessment 
lists upon which the same may be respectively issued. 
They shall be delivered to the collector of the city for col- 
lection, at such times as may be provided by ordinance. If 
not otherwise paid, the collector shall have power to collect 
said taxes, with interest and cost, by suit, in the corporate 
name or by distress and sale of personal property, as afore- 
said, after a demand and yefusal to pay the same. The as- 
sessor's lists shall in all cases be evidence on the part of the 
corporation : Provided^ a notice, published by the collector 
for ten days, in the corporation p^per, shall be deemed a 
demand, and a neglect to pay taxes for twenty days there- 
after shall be deemed a refusal, 

§ 7. All taxes and assessments, general or special, shall 
be collected by the collector in the same manner and with 
the same authority as are given by law to collectors of coun-' 
ty and state taxes. He shall pay the same, as fast as col- 
lected, into the city treasury, and his duty in regard to re- 
tm-ning warrants and setthns; with the city, and his liabili- 
ties in case of default or misconduct, shall be the same as 
prescribed by law: Provided^ the common council shall 
have power to prescribe the powers, duties and habilities ot' 
collectors by ordinance. 

§ 8. In case of tli« non-payment of any taxes or assess-- 
ments levied or assessed under this act, the premises may 



CITIES. 63 

be sold for tlie pavment thereof at any time witliin two 
years after tlie confirmation of the assessment by the com- 
mon conncil. Before any snch sale an order shall be made 
by the common council, wliich shall be entered at large in 
the records kept by the clerk, directing the collector to sell, 
particularly describing the delinquent premises to be sold, 
and the assessment for which the sale shall be made; a cer- 
tified copy of which order, under the corporate seal, signed 
by the mayor or presiding othcer and clerk, shall be deliv- 
ered t<j the collector, which, together with the warrant, shall 
constitute the process upon which such sale may be made. 

§ 9. The, collector shall then advertise such premises in Advertisement 
the corporation newspaper, for sale, for the period of thirty 
days from and after the first publication of such notice, de- 
scribing the same by figures or otherwise, with the name of 
the owner, when known, and the several amounts of the 
taxes or assessments thereon and costs ; said notice shall 
also contain the time and place of sale, and shall be pub- 
lished at least three times. The proceedings may be stopped 
at any time, on the payment of the taxes or assessments and 
interest, with expense of advertising. 

§ l<i. All sales shall be conducted in tlie manner re- Maimer of «airrt 
quired by law, but the common conncil shall have power to 
prescribe the ananner of conducting the same. The sale 
shall be made for the smallest portion of ground for which 
any person will take the same and pay the taxes or assess- 
ments thereon, with interest and cosls of sale. DupKcate 
certificates of sale shall be made and subscribed by the col- 
lector, one of which shall be delivered to the pnrchaser and 
the other filed in the office of the clerk ; which certificates 
shall contain the name of the purchaser, a description of the 
premises sold, the amount of the tax or assessment, with the 
interest and expenses for wliich the same was sold, and the 
time when the right to redeem will expire. The collector 
shall be entitled to the same fees for selling as are allowed by 
law for similar services, or his fees may be regulated by or- 
dinance. The clerk shall keep a record of such sales, which 
shall be open to public inspection at all reasonable times. 

§ 11. The right of redemption, in all cases of sales for Redemj>ti9n. 
taxes or assessments, shall exist to the owner, his heirs, credi- 
tois or assigns to the same extent as is allowed by law in 
cases of sales of real estate for taxes^ on payment, in specie, 
of double the amount for which the same was sold, and all 
taxes, accruing subsequent to the sale, with interest. If the 
real estate of any infant, feinme covert or lunatic be sold 
under this act the same may be redeemed at any time within 
one year after such disability is removed. In case of 
redenq:)tion the money may be paid to the purchaser, or for 
him. to the city clerk, who shall make a special deposit 
thereof with the treasurer, taking his receipt therefor; 
if not redeemed according to law the city clerk shall, upon 



CITIES. 



Aesiarument, 



J'luchase 
citr. 



J)eeds. 



die return of the certificate or proof of its loss, execiite s 
deed to the purchaser, under the corporate seal, conveying 
to such purchaser the premises so sold and unredeemed, as 
aforesaid. An abstract of all deeds so made and delivered 
shall be entered by the clerk in the book wherein tax sales 
are recorded. A fee of iifty cents iiiaj be charged for any 
deed so executed by the city clerk. 

§ 12. The assignee of any tax certificate of any premises 
sold for taxes or assessments, under authority of said city.^ 
shall be entitled to receive a deed of such premises in his 
own name and with the same eflect as though he had been 
the original purchaser: 
by § 13. If at any sale of real or personal estate, on assess- 
ments, no bid shall be made for any parcel of land or any 
goods and chattels the same shall be struck oif to the city: 
and thereupon the city shall receive; in the corporate name, 
a certificate of the sale thereof, and shall be vested with 
the same rights as other purchasers at such sales and shall 
have power to sell and convey the same as other real 
estate. 

§ 14. All deeds made to purchasers of lots, sold for taxes 
or assessments, by order of the coimcil, shall he prima facie 
evidence in all controversies and suits in relation to the right 
of the purchaser, his or her heirs or assigns, to the premises 
thereby conveyed, of the following facts: 

First. — That the land or lot conveyed was subject to taxa- 
tion or assessment at the time the same was advertised tor 
sale and had been listed and assessed in the time and man- 
ner required by law. 

Second. — That the taxes and assessments were not paid at 
any time before the sale, 

TJiird.—Th^i the land con^-eyed had not been redeemed 
from the sale at the date of the deed; and shall be conclusive 
evidence of the following facts : 

First. — ^That the land or lot was advertised for sale in the 
inanner and for the length of time required by law or ordi- 
nance. 

Second. — That the land was sold for taxes or assessments, 
as stated in the deed. 

Third. — That the grantee in the deed was the purchaser. 
jR?wr^A.— That the sale was conducted in the manner re- 
quired by law or ordinance: And in all controversies and 
suits, involving the title to land claimed and held under and 
by virtue of such deed, the person or persons claiming title 
adverse to the title conveyed by such deed shall be required 
to prove, in order to defeat the said title, Either that the 
land was not subject to taxation at the date of the sale; 
that the taxes or assessments had been paid; that the land 
had never been listed and assessed for taxation or assess- 
ment, ot that the same had been redeemed according to the' 
provisions of this act) and that Such redemption was mad^ 



CITIES. ^^v 

for tlm use and benelit of the persons baYing the rig-hr nf 
redemption imder the hiws of this state; bnt no person shall 
be permitted to qnestion tlie title acqnired by the said deed 
Tvithout first shoTving that lie, slie or tliey, or the person 
under whom he, she or thev claim title, had title to the land 
at the time of the sale, or that the title was obtained from 
the United States or this state after the sale, and that all 
taxes due upon the lands have been paid ])y such persons 
or the person under whom he clainis title as aforesaid. 

Chaptee X — Fire Dejxirtment. 

§ 1. The common council, for the purpose of guarding Po^vers ot ti- 
against the calan:iities of lire, shall prohibit the erection, couucii. 
placing or repairing of wooden buildings within the limits 
prescribed bv them, without their permission, and direct and 
prescribe that all buildings within the limits prescribed shall 
be made or constriicted of fire-prbof materials, and to pro- 
hibit the rebuilding or repairing of wooden buildings within 
the fire limits, when the same shall have been damaged to 
the extent of fifty per cent, of the value thereof, and to 
prescribe the manner of ascertaining such damages: to 
declare all dilapidated buildings to be nuisances, and to 
direct the same to. be repjaired, removed or abated, in such 
manner as they shall prescribe and direct; to declare all 
wooden buildings'; within the fire limits, which they may 
deem dangerous to contiguous buildings or in causing or 
promoting fires, to be nuisances, and to require and causd 
the same to be rerioved or abated in such manner as they 
shall prescribe. 

§ 2. The common council shall have power — 

First. — To prevent and prohibit the dangerous constrac chimneys an-i 
tion and condition of chimneys, flues, fire places, stove pipeSj fl^es. 
<.>vens or any other apparatus used in or about any building 
or manufactory, and to cause the same to be removed or 
placed in a secin*e and safe condition, when considered 
dangerous. 

Second. — To prevent the deposit of ashes in unsafe places. Ashes. 
and to appoint one or more officers to enter into all build- 
ings and inclosnres to examine and discover whether the 
same are in a dangerous state, and to Cause such as may be 
dangerous to be put in safe condition. 

Third. — To require the iid]al)itants to provide as many fire Fire buckets', 
buckets, and in such manner and time as they shall prescribe; 
and to regulate the use thereof in times of fire; and to 
ve(pnre all owners and occupants of buildings to construct 
und keep in repair wells or cisterns upon their premises. 

Fourth. — To regulate and prevent the carrying on of ma- :MaDufactories' 
hufactories and works dangerous in promoting or causing 
fires. 



66 



CITIES. 



Fire works. Fifth. — To reG^ulate, prevent and prohibit tlie use of fire 

works and fire arms. 

Guupowder. SiHli. — To direct and proliibit tlie management of houses 

for the storing of gunpowder and other "combustible and 
dangerous materials within the city; to regulate the keeping 
and conveying the same, and the use of "candles and other 
lights in stables and other like houses. 

Walls and fen- Seventh. — To regulate and prescribe the manner and order 
^^^- the building of parapet and partition walls and partition 

fences. 

Scuttles. Eighth, — To compel the owners or occupants of houses or 

other buildings to have scuttles in the roofs and staii's or 
ladders leading to the same. 

Police powers. Ninth. — To authorize the mayor, fire wardens or other 
officers of said city to keep away from the vicinity of any 
fire all idle and suspicious persons, and to compel all officers 
of the city and all other persons to aid in the extinguish- 
ment of fires and in the preservation of property exposed 
to danger thereat and in preventing goods from being 
stolen. 

Regulations. TeiitJi. — And, generally, to establish such regulations for 

^ the prevention and extingitishnient of fires as the common 
council may deem expedient. 

Engines. § 3. The common council may procure fire engines and 

all other apparatus used for the extinguishment of- fires and 
have the charge and control of the same, and provide fit 
and secure houses 'and other places for keeping and preser^ 
ving the same; and shall have power — 

Fire companies Fifst. — To organize fire, hook, hose, axe and ladder com- 
panies. 

Second. — To appoint, during their pleasure, a competent 
number of able an cl reputable inhabitants of the city, firemen , 
to take the care and management of the engines and other 
apparatus and implements used and provided for the extin- 
guishment of fires. 

Third. — To prescribe the duties of firemen, and to make 
rules and regulations for their government, and to impose 
reasonable penalties upon them for a violation of the same, 
and for incapacity^ neglect of duty or misconduct, to remove 
them. 

Chief and as- FoiiHh. — The common council shall have power to ap- 

neeS* ^'^°^' P^"^^ ^ ^^^^^ ^^^^^ assistant engineer of the fire department, 
and they, with the other firemen, shall take the care and 
management of the engines and other apparatus and imple- 
ments provided and used for the extinguishment of fires, and 
their powers and duties shall be prescribed and defined by 
the common council. 

Tixemption. § 4. The firemen shall, during their service as such, be 

exempt from the working on streets or roads or paying any 
tax in lieu thereof. The name of each fireman sliall be 
registered with the city clerk, and the evidence to entitle 



CITIES. 6T 

him to exemption proYided in this section shall be the 
certificate of the clerk, under the corporate seal, for the 
year in which exemption is claimed. 

Chaptek XI — Board of Health, 

§ 1. The board of health sliall consist of three or more Board of health 
commissioners, to he appointed annually by the common 
conncil, from their own body or otherwise; and the mayor 
or i^residing oflticer of the common conncil shall be president 
of said board; and the city clerk shall be clerk thereof, and 
keep minntes of its proceedings; and the city physician, 
street inspector, harbor master and city marshal shall be 
health officers. 

§ 2. It shall be the dnty of the health officers to visit Duty of heaitb: 
every sick person, who may be reported to the board of officers. 
health, as hereinafter provided, and report, with all conven- 
lent speed, their opinion of the sickness of snch person^ to 
the clerk of said board of health ; and to visit and inspect, 
at the request of tlie president of said board, all boats or 
water crafts, coming or lying and being within the limits of 
the city, which are snspected of having on board any pesti- 
lentiafor infections disease; and all "stores and bnildings 
which are suspected to contain nn sound provisions or dam- 
aged hides or other articles, and to make report of the state 
of the same, with all convenient speed, to the clerk of the 
board of health. 

§ 3. All persons in said city, not residents thereof, who Contagiow^ 
shall be infected with any pestilential or infections disease, diseases, 
and all things, wdiicli in the oj^inion of said board, shall be 
infected by or tainted with pestilential matter and ought to 
be removed, so as not to endanger the health of the city, 
shall, by order of said board, be removed to some proper 
place, not exceeding hve miles beyond the city bounds, to 
be provided by the board, at the expense of the person who 
may be removed^ if able; and the board may order any 
furniture or wearing apparel to be destroyed, whenever they 
may judge it to be necessary for the health of the city, by 
making just compensation therefor. 

§ 4. In case any boat or any other water craft shall be Quarantine.- 
within the jurisdiction of the city and the said board of 
health shall believe that such boat or water craft is danger- 
ous to the inhabitants of said city, in consecpience of her 
bringing and spreading any pestilential or infectious disease 
among said inhabitants or have just cause to suspect or 
believe that if said boat or water craft is suffered to remain 
within the harbor or jurisdiction aforesaid it will l)e the 
cause of spreading among the said inhabitants any })estilen- 
tial or infectious disease,"it shall and may be lawful for the 
said board, by an order, in writing, signed by the president 
tor the time being, to order such boat or water craft to be 



t^S 



CiTIE&. 



forth with removed to aiiv distance, not exceeding, five miles, 
he^yond the bounds of said city. After the dehvery of sncli 
order to the captain, owner or other ^^erson in charge of said 
boat or v/ater craft, to quarantine, under such regulations 
and for such time as the council or board of health may 
prescribe, and if the master or other person in char2;e 
thereof, to whom such order shall be delivered, shall neglect 
or refuse to comply therewith, or if after such removal such 
master or any person in charge thereof shall neglect or 
refuse to obey the regulations which may be prescribed the 
president may enforce such removal or other regulations in 
such manner as the council may, by ordinance, direct; and 
guch master, owner or person having charge thereof shall 
be considered guilty of a misdemeanor, and, on conviction, 
shall be fined in a sum not exceeding one hundred dollars 
and imprisoned, not exceeding six months, in the city jail 
Or in the city work house or hoilse of correction, by any 
court havino; cos^nizance thereof. The said fine shall be 
paid into the treasury. 
lo-A ers of the § 5. The health officers may be authorized by the coin- 
heaith officers, -^j^^j^ couiicil, wlicn the public interest requires, to exercise, 
for the time being, such of the powers and perform such of 
the duties of marshal, street inspector and constable as the 
common council may, in their discretion direct, and shall be 
authorized to enter all houses and other places, private or 
public, any boats or other water crafts, at all times, in the 
discharge of their duties under this act. 
Duties of board § 6. The commou council shall have powcr to prescribe 
of health. the duties of the board of health, and to punish, by fine or 
imprisonment, or both, any neglect or refusal to observe the 
orders and regulations of the board. 
Physicians. § ^' Evcrv pcrsoii practicing physic in the city, who 

shall have a patient laboring under any malignant or yellow 
fever or other infectious or pestilential disease, shall forth- 
with make report thereof, in writing, to the clerk of said 
board ; and for neglecting so to do shall be considered guilty 
of a misdemeanor and be liable to a fine of fifty dollars, to 
be sued for and be recovered, in any action of debt, in any 
court, having cognizance thereof, with costs, for the use of 
the city. 

Chapter XII.— Schools and School Funds. 

S'chooi district. § 1. All that part of township number five north, of 
range JSTo. Xqw west of the third principal meridian, lying 
within the corporate limits of the city of Alton, with such 
other parts of said township as may be hereafter incorporated 
with and come within or under the jurisdiction of said city.; 
is hereby erected into a school district, to be known as the 
^^ Alton School Di strict; " 



CITIES. ()9 

§ 2, The sc4iool land, school fund and all other real and. Manner of di- 
personal estate ol said, township shall be divided between JJ^J^° ^'^^^^^ 
the city of Alton and. the portion of the towiiship lying 
without the limits thereof in the proportions and manner fol- 
lowing : 

The trustees of schools of said townships shall, within Commissionei , 
three months from the passage of this act, appoint two 
commissioners, who shall be respectable house-liolders, one 
of whom shall reside in the city and the other in the town- 
; ship without the city, who, after being duly sworn well and 
I truly to perform their duties, shall proceed to ascertain, as 
; nearly as may be, the number of white j^ersons, under the 
age of twenty-one years, residing in the whole of said town- 
ship, and the whole number residing in said city, and without 
said city in the said township, and thereupon the said trustees 
i shall divide and apportion the aforesaid township fund and 
! real and personal estate between said city and said township 
I without the city in the proportion of and according to the 
J number of j^ersons aforesaid, residing within the city and 
' witnout the city in the said township respectively, and the 
said commissioners shall have power to make partition of 
and di\'ision of all the iunds and real and personal estate be- 
longing to the said township between the city and the town- 
ship without the city, in the projjortions aforesaid, and having 
completed the same, shall make a full return of their pro- 
ceedings to the trustees aforesaid. In case the commissioners 
shall refuse or neglect to perform their duties, the trustees 
shall appoint others in their stead, who shall be chosen, 
sworn and perform the like duties assigned to the iii'st com- 
missioners, and the trustees shall have power to iill vacancies 
and make aj>pointments until the objects of this act are car- 
ried into eflect. 

§ 3. The trustees of schools of said township shall, upon Duty of Trus- 
■ such division, partition and return of the commissioners ^^^~' 
being made, pay over and deliver to the clerk of the city of 
Alton the funds and other personal estate, and make, execute 
and deliver to the said city of Alton all necessary deeds and 
other conveyances for the distributive share of thereat estate 
of the said township to wliich the said Alton school district 
may be entitled according to the division and distrilmtion 
' aforesaid, and take receip'ts for the same from the clerk. 

§ --1. It shaU be the duty of the common council to cause Abstract of Xo, 
an abstract of the whole number of white children, under °^ 'Children, 
the age_ uf twenty-one years, in the Alton school district to 
be lurnished to the school commissioner of Madison county 
within ten days after the same shall have been ascertained, 
and the school commissioner shaU annually pay to the clerk 
of the city of Alton the proportion of the school, college and 
seminary fimds to which the said Alton school district may 
be entitled, according to the number of persons under the 
age aforesaid residing in said district, taking his receipt 



CITIES. 



therefor; but no abstract shall be recmired to be returned to 
the school commissioner oftener than is required by law in 
other school districts. 
Title of school | 5. The scliool lands and school fund and other property 
perfy^"^ i'"""" of the Alton school district shall be and the same are here- 
by vested in the city of Alton. The common council shall 
at all times have power to do all things and acts in relation 
to said school lands and school fands which they may think 
proper to their safe preservation and efficient management, 
and sell or lease said lands and all other lots or lands or 
other property which may have been or may hereafter be 
donated to the school fund, on such terms and at such times 
as the common council shall deem most advantageous, and 
on such sale or sales, lease or leasings, to make, execute and 
deliver all proper conveyances, which said conveyances shall 
be signed by the mayor and countersigned by the clerk and 
sealed with the corporate seal: Provided^ that the pr(jceeds 
arising from such sales shall be added to and constitute a 
part of the school fund. 

§ 6. ]!^othing shall be done to impair the principal of said 
fund or to appropriate the interest accruing from the same 
to any other purpose than the payment of teachers in the 
public schools in said district, aud should there be any sur- 
plus interest it shall be carried to and form a part of the 
school fund. 

§ T. The common council shall have power, 

1st. To erect, hire or purchase buildings suitable for 
school houses, and keep the same in repair. 

2d. To buy or lease sites for school houses, with the 
necessary grounds. 

3d. To furnish schools with necessary fixtures, furniture 
and apparatus. 

4:tb. To establish, support and maintain schools, and sup- 
ply the inadequacy of the school funds for the payment of 
city teachers from school taxes. 

5th. To fix the amount of compensation to be allowed to 
teachers. 

6th. To prescribe the branches to be taught in the differ- 
ent schools, and to grade and regul.ite said schools as they 
may judge best. 

Tth. To lay off and divide the city into school districts, 
and from time to time alter the same or create new ones, as 
circumstances may require. 

Sth. To prescribe the school books to be used in the sev- 
eral schools. 

9th. The common council shall be ex officio inspectors of 
schools, but they may appoint, in their discretion, seven in- 
spectors, to be denominated "A Board of Education;" also, 
three school trustees in each district, and to establish and 
prescribe the duties of each. 



Power of coun- 
cil. 



Inspectors. 



CITIES. i ; 

iOtli. And generally to have and possess all the rii^hts, 
powers and authority necessary for the proper management 
x>f schools and the school lands and funds belonging to the 
said school district, with power to enact such ordinances as 
may be necessary to carry their powers and duties into 
effect. 

§ 8. The common council shall hare power to appoint a School agem. 
^* School Agent," who shall have the custody and manage- 
ment of the money, securities and property belonging to the 
school fmid of the district, subject to the direction of the 
common comicil. 

§ 9. The school agent, before entering npon the duties Duties. 
of his office, shall give bond in such amount and with such 
condition and sureties as the common council may require. 
His compensation shall not be paid out of the school funds, 
and he shall be subject, for misconduct in office, to the same 
penalties and imprisonment as school commissioners are or 
may be subject to by law. 

§ 10. The school fund shall be kept loaned at interest at Loan, 
•the rate of ten per cent, per annum, payable semi-annually 
in advance. Xo loan shall be made hereafter for a longer 
period than three years, and all loans exceeding one hundred 
dollars shall be secm-ed by unincumbered real estate of 
double the value of the sum loaned, exclusive of the value of 
perishable improvements thereon. For sums of one hurdred 
flo;]ars and less two good sureties besides the principal shall be 
aired. 

,< 11. All notes and securities shall be taken to the city Securities. 
of Alton for the nse of the inhabitants of said township for 
school purposes, and in that name all suits, actions and every 
description of legal proceedings may be had, 

§ 12. All expenses of preparing or recording securities Expenses, 
shall be paid exclusively by the borrower. 

§ 13. In the payment of debts of deceased persons, those Debts, 
due the school fund shall be paid injpreference to all others, 
except expenses attending the last illness and funeral of the 
deceai?ed, not including physicians' bills. 

§ 11. If default be made in the payment of interest or Default, 
of the principal when due, interest at the rate of lifteen per 
cent, upon the same shall be charged from the delault, and 
may be recovered by suit or otherwise. Suits may be Suits, 
brought for the recovery of interest onlywhen the principal 
is not due. 

§ IT). All judgments recovered for interest or ^^rincipal Judgments, 
or both, shall respectively bear interest at twelve per cent, 
per annum from the rendition of judgment until paid; and, 
in case of the sale of real estate thereon, the city of Alton 
may become the purchaser thereof for the use of the school 
fund, and shall be entitled to the same rights given by law 
to other purchasers. On redemi.tion twelve per cent.*^ inte- 
rest shall be paid from the time of sale. 



iritv. 



■2 CITIES. 

;j^gt3. § 16. i^o costs, made in the course of any judicial pr* 

ceedings in which the city of Alton, for the use of the school 
fund, may be a party, shall be chargeable to the school fund. 

akutionai se- § IT. If the secui'ity on any loan should, at any time be- 
fore the same is due, become, in the united judgment of the 
school superintendent and common council, insecure, the 
superintendent shall notify the person indebted thereof, and 
nnless further satisfactory security shall be forthwith given 
by the debtor, judgment may be recovered thereon as in 
other cases, although no condition to that effect be inserted 
in the note or other secmity. 

nbiicaiion. § 18. The common council shall annually publish in the 

corporation newspaper of the city the number of pupils in- 
structed during the preceding year, the several branches of 
education pursued by them and the receipts and expenditures 
of each school, specifying the sources of such receipts and 
the objects of such expenditures. 

-heoitax § -^^^' The scliool tax sliall be paid into the city treasury, 

and be kept a separate fund for the building of school houses 
and keeping the same in repair, and supporting and main- 
taining schools, and for no other purpose. 

Chapter XIII. — -MisGellaneous Provisions. 



-unual state- 



§ 1- The common council shall, at least ten days before 
meat. the annual election in each year, cause to be published in 

the corporation newspaper, a correct and fuU statement of 
the receipts and ex|)enditures from the date of the last an- 
nual report, together with the sources from whence the 
funds are derived, and. the mode, of disbursement; and 
also a distinct statement of the whole amount assessed, re-' 
peived and expended in the respective wards and divisions, 
for making and repairing streets, highways and bridges, for 
the same period; together with such information as may be 
necessary to a full understanding of the iinancial concerns 
of the city. 
Exemption. § 2- The inhabitants of the city of Alton are hereby 

exempted from working upon any road or highway beyond 
the limits of the city, and from paying the tax in lieu' 
thereof, without said limits. 

§ 3. The street inspector or supervisor, shall demand the 
services of all persons who are required to labor on tlie 
streets and roads of the city, at such time and place and in 
such manner as the common council may direct or the street 
inspector or supervisor shall deem necessary. He shah de- 
hver or cause to be delivered or left at the usual place of 
abode or business, of any person so required to labor as 
aforesaid, a written or printed notice or pra'tly written or 
printed notice, in such form as the common council shall 
prescribe ; which notice shall be given at least one day pre- 
vious to the iirst day on which he or they are required to 



•treet labor. 



CITIES. Y3 

abor ; requiring such persons to appear at such time and 
place as may be designated for the pm-pose of laboring npon 
:he streets and roads. But a similar notice, published for 
:en days in the corj^oration newspaper by the street inspec- 
X)r or supervisor or posted up in three of the public places 
3f the ward or district, shall be deemed a suffifcieut notice 
bO require all persons to appear and labor as aforesaid. 
Upon the neglect of any person to appear and labor as 
aforesaid or to pay the tax in lieu thereol^ the collector shall 
collect from each person in the same manner as other taxes, 
the sum of three dollars with liis commission for collecting 
added thereto, or the same may be recovered by suit, with 
costs, as in other cases, or as may be prescribed by ordin- 
ance. 

§ -i. All lines, forfeitures and penalties collected for Fines, 
oflences committed within said city, shall be paid into the 
treasury of said city by the officers collecting the same ; and 
all lines and forfeitures collected of any citizen of said city 
for any conviction in the city comt shall be paid over in like 
manner. 

§ 5. The common council shall, in all expenditures for Expenditures, 
pm-poses strictly local, expend annually in the several 
wards of the city such proportion, as near as may be, of the 
whole expenditures for like purj^oses dm-ing the same period 
las will correspond to the several sums contributed by each 
ward to the general fund. Road taxes shall be expended 
in the several wards or districts where the persons paying 
the same may respectively reside. 

§ 6. The street inspector or supervisor, in addition to Liability of su- 
the pjenalties prescribed by ordinance, shall, for willfid pervisor. 
neglect of duty, be liable to indictment and fine in the same 
manner as supervisors imder the laws of the state. 

§ 7. Xeither the common council or mayor shall remit Remission of 
any fine or penalty imposed upon any person for a violation fi°^^- 
of any laws or ordinances of said city, or release from con- 
finement, unless two-thirds of all the aldermen elected shall 
vote for such release or remission, nor shall anything in this 
act be so construed as to oust any court of jurisdiction to 
abate and remove nuisances within its jurisdiction, by in- 
dictment or otherwise. 

§ 8. 'No vote of the common council shall be recon- Reconsidera- 
sidered or rescinded at a special meeting, unless the meet- tion of votes, 
ing be called, in whole or part, for that purpose, and the 
aldermen be so notified, and imless at such special meeting 
there shall be present as large a nimiber of aldermen as was 
present when the vote was taken. 

§ 9. The cemetery lots which may be laid out and sold Cemetery lots, 
by the city or private persons for private places of burial, 
shall, with the appm-tenances, forever be_exempt from exe- 
cution and attachment. 
— F 



74 CITIES. 

Publication of § 10. Every ordinance imposing any penalty, fine, im- 
ordinances, pnsonment or forfeiture for a violation of its provisions 
shall, after the passage thereof, be published three days in 
the corporation newspaper, and proof of such publication by 
the affidavit of the printer or publisher of such newspaper, 
taken before any officer authorized to administer oaths ana 
filed with the clerk, or any other competent proof of such 
publication, shall be conclusive evidence of the legal publi- 
cation and promulgation of such ordinance in all courts and 
places. Ordinances passed by the common council and re- 
quiring publication, shall be in force from and alter the due 
publication thereof, unless it be therein otherwise expressly - 
pro\dded. Ordinances not requiring pubHcation shall take 
effect and be in force from and after their passage, unless it 
shall be therein otherwise expressly provided. 

Actions. I 11^ ^\i actions brought to recover any penalty or for- 

feiture incm-red under this act or any ordinance, by-law or 
police regulation, made in pursuance thereof, shall be 
brought in the corporate name. It shall be lawful to declare 
generally in debt, for such penalty, fine or forfeitm-e, stating 
the clause of this act or the by-law or ordinance under 
which the penalty or forfeiture is claimed, and to give the 
special matter in e^ddence under it. 

Process. § 12. In aU prosecutions for any violation of any or- 

dinance, by-law or other regulation, the first process shall 
be a summons, unless oath or affirmation be made for a 
warrant, as in other cases. 

Justices of the § 13. The common council shall have power to desig- 

peace. nate, annually, one or more justices of the peace in said 

city, who shall have jurisdiction in any actions for the recovery 
of any fine, penalty or forfeiture under this act, or any or- 
dinance, by-law or police regulation, any thing in the laws of 
this state, to the contrary notwithstanding. Such justice 
shall have power to impose fines and penalties, not exceed- 
ing the amount authorized by the constitution of the state. 
There shall be such local court of ci\al and criminal juris- 
diction, as may be estabhshed by the general assembly in 
the cities of the state, in accordance with the constitution of 
the state. Such court shall have jurisdiction over all cases 
arising under this act, or any ordinance of said city in pur- 
suance thereof, and such other civil and criminal jurisdiction 
as may be provided by law. 

Executions. § 14- Execution may be issued immediately on rendition 

of judgment. If the defendant has no goods or chattels, or 
real estate within the county of Madison, whereof the judg- 
ment can be collected, the execution shall require the de- 
fendant to be confined in the work-house or city prison, for 
a term not exceeding six months, in the discretion of the 
court rendering judgment, and all persons who may be 
committed under this section shall be confined one day for 
each one dollar of such judgment and costs. All expenses 



CITIES. 75 

inciiiTed in any prosecution for the recovery of any fine, 
penalty or forfeiture, when collected, shall be paid into the 
city treasury. 

§ 15. Any i^erson who shall injure or destroy any injuring 
bridge, or any public building or other property belonging bridges, 
to the city, or shall cause or procure the same to be injured 
or destroyed, shall be subject to a penalty not exceeding five 
hundred dollars for such oftence, to be recovered by the city 
in an action of debt, and may be imprisoned not exceeding 
six months, in the discretion of the court before whom such 
conviction may be had, and such person shall also be liable 
in a civil action, at the suit of the city, for the damages oc- 
occasioned by such injury or destruction. 

§ 16. 'No person shall be an incompetent judge, justice, 
witness or juror by reason of his being an inhabitant or 
freeholder in the city of Alton, in any action or proceeding 
in which said city may be a party in interest. 

§ 17. All ordinances, regulations and resolutions now in Ordinances, 
force in the city of Alton, and not inconsistent with this act, 
shall remain in force under this act until altered, modified or 
repealed by the common council after this act shall take 
eft'ect. 

§ 18. All rights, actions, fines, penalties and forfeitures, Rights. 
in suit or otherwise, which haye accrued under the several 
acts consolidated herein, shall be vested in and prosecuted 
by the corporation hereby created. 

§ 19. All property, real and personal, or mixed, belong- Property, 
ing to the city of Alton, is hereby vested in the corporation 
created by this act, and the oflicers of said corporation now 
in oflice, shall respectively continue in the same until super- 
seded in conformity to the provisions hereof, but shall be 
governed by this act, which shall take effect from an after its 
passage. 

^ § 20. All ordinances of the city when printed and pub- ■^"j.^^^^^'^^^g °^ 
lished by authority of the common council, shall be received 
in all courts and places without further proof. 

§ 21. The style of all ordinances shall be, "Be it or- Style. 
dained by the Common Council of the City of Alton," but 
may be omitted when published in the form of book or 
pamphlet. 

§ 22. The common council shall provide for and take Paupers. 
care of all paupers within the limits of said city, except 
idiots, lunatics or insane persons, and to accomplish this ob- 
ject they shall have the exclusive right, power and author- 
ity to license and tax all ferries, taverns, merchants, auc- 
tioneers, pedlers, grocers, venders of spirituous liquors and 
wines, and other public houses of entertainment, theatrical 
and other shows and performances, within the limits of said 
city. 

§ 23. AYlienever a majority of the inhabitants of Upper Upper Alton. 
Alton, qualified to vote for governor of this state, or when- 



76 



CITIES. 



ever tlie inhabitants of any qnarter section, half section, or 
section of kind adjoining the present limits of the city of 
Alton, shall vote in favor of becoming a part of said city, 
any three of them may make affidavit before a justice of 
the ]3eace, who shall certify the same to the common conncil 
of said city, said common conncil may by ordinance receive 
them as part of said city[: from thenceforth the qnarter sec- 
tion, half section, or section of land so received shall be a 
part of the said city, and the inhabitants thereof shall be 
entitled to all the rights and privileges, and bound by all 
the acts and ordinances made in conformity thereto. 

Legal acts. § 24. This act shall not invahdate any legal act done by 

the common comicil of the city of Alton or by its officers, 
nor divest their successors, under this act, of any rights of 
property or otherwise, or liability w^hich may have accnied 
to, or been created by said corporation prior to the passage 
of this act. 

Conservators § 2^- ^^1 officers of the city created conservators of the 

of the peace, peace by this act, or authorized by any ordinance, shall 
have power to arrest, or cause to be arrested, with or with- 
out process, all persons who shall break the peace, or 
threaten to break the peace, or be found violating any or- 
dinance of this city, commit for examination, and if neces- 
sary detain such persons in custody over night, or the Sab- 
bath, in the watch house, or other safe place, or until they 
can be brought before a magistrate, and shall have and ex- 
ercise such other powers as conservators of the peace as the 
common council may prescribe. 

§ 26. iS'othing in this act contained shall be so construed 
as to deprive the common council of said city of any powers 
or authority conferred upon the same by the act incorporat- 
ing said city and the A'arious acts amendatory thereto ; but 
the common council shall possess and enjoy all the powers 
and authority heretofore conferred upon the same, except so 
far as such powers and authority are expressly modified or 
repealed by this act or the acts heretofore mentioned. 

§ 27. There shall be a digest of the ordinances of the 
city which are of a general nature, published within six 
months after the passage of this act, and a like digest within 
every period of five years thereafter : Provided^ it shall be 
the duty of each common council to cause to be printed in 
pamphlet form, at the end of each municipal year, all the 
ordinances passed for the year past and then in force. 

Interest. § 28. The common council of the city of Alton, for the 

purpose of erecting water works for supplying said city with 
water, may issue bonds for borrowing money in any sum 
not exceeding one hundred and fifty thousand dollars, at 
such rates of interest, at such dates and upon such length of 
time as the common council of said city may deem proper; 
and all moneys so borrowed shall be used and applied ex- 
clusively to the erection of such water works, and to no 



Powers of com- 
mon council 



Digest of or- 
dinances. 



Proviso. 



CITIES. 77 

otlier use or purpose whatever : Provided^ that no money Proviso, 
shall be borrowed by said city for the purpose aforesaid 
unless the proposition setting forth the amount proposed to 
be borrowed shall have been distinctly submitted to a 
vote of the electors of said city, under the provisions of 
a city ordinance, and shall have been approved by a major- 
ity of those voting upon the proposition. 

§ 29. For the purpose of paying the interest on the interest. 
money so borrowed, during the erection and completion of 
such water works and before they shall have been put in 
operation, a tax of sufficient amount shall be assessed and 
collected each and every year, in the usual manner of levy- 
ing and collecting taxes in said city upon all the taxable 
property thereof. 

§ 30. The common council are empowered, and it is Trustees of wa- 
hereby made their duty, to establish a board of three trus- ^^"^ '^°''^'- 
tees, to be known as the "Board of Trustees of AVater 
Works," who shall be elected or appointed by the common 
council, as may be hereafter provided by ordinance, and 
hold their office for the term of three years ; except at the 
first election, at which one person shall be chosen for one 
year, one person for two years, and one for three years, and 
thereafter one of the trustees shall be chosen annually. 

§ 31. The trustees of water works shall manage, con- Duty of trus- 
duct and control the city water works, furnish supplies of ^^®^* 
water, collect water rents, and appoint all necessary officers 
and agents and fix the amount of the salary of said officers 
and agents and their term of office. The trustees of water 
works shall be authorized to make such by-laws and regula- 
tions as they may deem necessary for the safe, economical 
and efficient management and protection of the works ; and 
said by-laws shall be of the same validity as the city ordi- 
nances, provided they are not made repugnant to the ordi- 
nances of the city, the constitution or laws of the state of 
Illinois. 

§ 32. The trustees of water works shall make monthly Reports, 
reports to the common council of the receipts and disburse- 
ments of money belonging to the works, and annually make 
a report of the condition of the works and cause the same 
to be printed for the information of the public, and cause all 
moneys collected for water works purposes to be deposited 
with the city treasurer ; to cause receivers or collectors of 
water works funds to make such deposits weekly and return 
a receipt for the amount deposited to the trustees. All 
moneys so deposited with the treasurer shall be kept a sepa- 
rate and distinct fund for the payment of water works in- 
debtedness, as before mentioned, and shall be subject to the 
order of the trustees of water works, and all orders made 
by the said trustees on the city treasurer shall be signed by 
one of the trustees and countersigned by the clerk or secre- 
tary of said board. 



78 



CITIES. 



Contracts. 



Committee of 



§ 33. The trustees of water works shall also be author- 
ized to make contracts for machinery, water works build- 
ings, reservoirs, and for all other necessary pui-poses to the 
full and eflicient management and construction of such water 
works. 

§ 34. It shall be the duty of the common council to ap- 
investigatiou j^oint a Committee for the investigation of books, papers and 
all matters pertaining to the water works, annually or often- 
er, if deemed necessary, by reason of any neglect of duty or 
malfeasance on the part of any officer of the works, and any 
officer of the works found by said committee so offending, 
shall be liable to removal from office by the common coun- 
cil. ISTo charge shall be made by the trustees to the city for 
supplying water for the extinguishment of fires, cleansing 
fire apparatus, market houses, or for the use of any public 
building belonging to the city ; but the trustees may make 
general or special rules and regulations for such purposes. 

§ 35. The common council shall have power to enter 
upon and take possession of any lands which may be deem- 
ed necessary for the construction, erection or extension 
of water works or laying down pipes ; and any lands so 
taken for water works purposes shall not be liable to be 
made use of or taken possession of for any other purpose 
whatever, except by the consent of the trustees and the 
common council. When it becomes necessary to appro- 
priate lands for the purpose mentioned, and the price can 
not be agreed upon, the proceedings shall be the same as is 
now or hereafter may be provided for appropriating lands 
for other purposes in the city of Alton, or as may be pro- 
vided by ordinance for that purpose. 

§ 36. The trustees of water works, before entering into 



Possession. 



Proposals. 



Water rents. 



any contract for work to be done, the estimated cost of 
which shall exceed one hundred dollars, shall give at least 
one week's notice, in one or more newspapers printed in the 
city of Alton, that proposals for the works specified in the 
notice ; and the trustees shall contract with the lowest bid- 
der, if they deem him responsible; if not, they may give 
the contract to the next lowest bidder, or decline to con- 
tract, and advertise again. Said trustees shall require a 
bond with good security for the faithful performance of the 
work ; but no member of the board of trustees shall be such 
security, nor shall any of said trustees be a contractor, or 
be in any wise, either directly or indirectly, interested in 
any such work to be contracted for : Provided^ nevertheless^ 
that in case of emergency, the common council may, by a 
vote of two-thirds of all the members elect, anthorize said 
trustees to enter into such contract, without advertising in 
such case. 

§ 3Y. The trustees of water works shall, from time to 
time, assess the water rents to be paid for water used at 
each house or other building against the occupant or occu- 



CITIES. T9 

pants, OTTQer or owners of pncb. house or other building, on 
such basis as they shall deem equitable ; and such water 
rents shall become a continuing hen upon such property for 
the accommodation of which water shall have been intro- 
duced, and upon the land or lot and house or other building 
on which such house or other building stands, when said lot 
or land and building are owned by the same persons, from 
the time the water shall have been introduced as aforesaid, 
and all such water rents may be collected of the occupants, 
owner or owners of said house or other building, or the 
owner of the lots and buildings in a suit for money expend- 
ed for his use ; and if no personal property be found to 
make such debt, the same may be sold as pro^^ded by ordi- 
nance for the sale of property for taxes in other cases, or as 
may be prescribed by the common council. 

§ 38. Each trustee, before entering upon the duties of Bond, 
his office, shall give bond to said city in such sum, and with 
surety to the satisfaction of the common council, conditioned 
for the faithful performance of the duties as such trustee, 
and that he will faithfidly account for or disburse all 
moneys or other securities coming under his control as such 
trustee, the amount of which bond may be increased at any 
time, as the common council may deem expedient. 

§ 39. This act shall be deemed a j^ubhc act, and may be Public act. 
read in evidence, without proof, and judicial notice shall be 
taken thereof in all courts and places, and so much thereof 
as authorizes the estabhshment and regulation of water 
works in the city of Alton, shall take effect and be in force 
from and after its j)assage. 

All other parts of this act shall take effect and be in force Election, 
whenever the same is approved by a majority of the legal 
voters of the city of Alton, voting at any election to be or- 
dered by the common council, to be held in said city for that 
purpose. The common council are required to order an 
election to be held in the several wards of said city, on the 
first Tuesday of March next, or at such other times as the 
said council may direct, at which election the electors may 
vote for or against the adoption of this act ( except as above 
specified,) as" the charter of the city of Alton ; and if the 
same is approved by a majority of the legal voters, voting 
at such election, this act shall take effect and be in force 
from and after the day of such election or approval, as fully 
as it would have done had it been made to take effect and 
be in force from and after its passage : Provided^ that no- 
thing herein contained be so construed as to alter, amend, 
or repeal "An act to amend the thirteenth section of an act 
entitled an act to incorporate the city of Alton, approved 
July 21st, 1837," which act was approved January 18, 1859. 

Appeoved February 16, 1859. 



CITIES. 



In force Febru- AN ACT granting a new charter to the Citj of Belleville, and to reduce the sev- 
aiy 18, 1859. eral acts incorporating said city into one act. 

Article I. 

Section 1. Be it enacted ly the People of the State of 
Illinois represented in the General Assembly^ That tlie city 

Boundaries. of Belle\dlle sliall comprehend all that district of territory 
embraced within the following limits, to wit: A territory 
one mile square, the centre of which shall be the point 
where the centre of Main street intersects the centre of 
Illinois street. And the city council shall have the power 
to enlarge the boundaries of the city, by ordinance, to any 
extent, not exceeding one-half of a mile south, east and 
north, and west to any extent, not exceeding one mile: 
Provided^ however, that the incorporated town of "West 
Belleville shall not be annexed to the city of Belleville, 
without the consent of a majority of the voters, to be ascer- 
tained by an election to be held for that purpose, or by and 
with the consent of a majority of the board of directors of 
the town of West Belleville. 

^'ame. § 2. The inhabitants of said city shall be a corporation, 

by the name of "The City of Belleville"; and by that name 
shall have perpetual succession, sue and be sued, and com- 
plain and defend in any court ; may make and use a com- 
mon seal, and alter and change the same at pleasure ; may 
take, hold, and purchase such real, personal or mixed estate 
as the purposes of the corporation may require, within or 
without the limits of the city, and may sell, lease, or dispose 
of the same for the benefit of the city. 

Wards. § ^- ^^^^ ^^ty ^^ Belleville shall be divided into four 

wards, the boundaries of which shall be fixed by the city 
council, and shall be by the city council changed, from time 
to time, as they shall see fit, having regard to the number of 
free white male inhabitants, so that each ward shall contain, 
as near as may be, the same number of white male inhabi- 
tants. The city council may create additional wards, as 
occasion may require, and fix the boundaries thereof. 

Article II. 

Officers. § 1- The municipal government of the city shall consist 

of a city council, to be composed of the mayor and two 
aldermen from each ward. The other officers of the corpo- 
ration shall be as follows: A city register, a city marshal, 
a city treasurer, a city attorney, a city assessor, a city collec- 
tor, a city surveyor and engineer, a city weigher and market 
master, and a city street inspector, who, in addition to the 
duties prescribed in this act, shall perform such other duties 
as may be prescribed by ordinance. There shall also be 
such other officers, servants and agents of the corporation 
as may be provided by ordinance. All officers to be 
ajDpointed by the city council, unless otherwise provided by 



CITIES. 81 

ordinance, and to perform such duties as may be prescribed 
by ordinance: Provided., tliat the city council may consoli- 
date two or more offices in one person, as they may deem 
best for the city. 

§ 2. All officers elected or appointed under this act, Term of office, 
except aldermen, shall hold their offices for one year and 
imtil the election or appointment and qualification of their ■ 
successors, respectively. All officers appointed by the city 
council shall be appointed on the first Monday in May, in 
each year, or as soon thereafter as may be. All ofiicers 
elected or appointed to fill vacancies, shall hold for the 
unexpired term only and until the election or appointment 
and quahfication of their successors. 

§ 3. The several wards of the city shall be represented Aldermen. 
in the city council by two aldermen from each ward, who 
shall be hona fide freeholders and residents thereof, and hold 
their offices for two years, from and after their election, and 
until the election and qualification of their successors. They Classes. 
shall be divided into two classes, consisting of one alderman 
from each ward, so that one from each ward shall be elected 
annually. The aldermen whose term of office do not 
expire on the third Monday of April next shall be placed 
in the first class, and no election shall be held to supply 
their places. 

§ 4. If, from any cause, there shall not be a quorum of Special elec- 
aldermen, the register shall appoint the time and j^lace of ^^^'^' 
holding a special election to fill such vacancies, and to 
appoint judges, if necessary. If any alderman shall remove 
from the ward represented by him his office shall thereby 
become vacant. Any alderman or officer elected or appointed Removal, 
to any office, may be removed from such office, by a vote of 
two-thirds of all the aldermen authorized to be elected ; but 
no alderman or officer shall be removed, except for good 
cause, nor unless first furnished with the charges against 
him and heard in his defence. The city council shall have 
power to compel the attendance of witnesses and the pro- 
duction of papers, when necessary, for the purpose of such 
trial, and shaU proceed, within ten days, to hear and deter- 
mine the merits of the case ; and if such officer shall neglect 
to appear and answer to such charges then the city council 
may declare the office vacant: Provided., the mayor may Proviso, 
suspend such officer or alderman until the disposition of the 
charges. 

§ 5. "Whenever any vacancy shall occur in the office of Yacancy. 
mayor or alderman, such vacancy shall be filled by a new 
election ; and the city council shall order a special election, 
within ten days after the happening of such vacancy. 
Any vacancy occurring in any other office may be filled by 
appointment of the city council; but no special election 
shall be held to fill vacancies if more than nine months of 
the year has expired. 



82 CITIES. 

Eligibility. § 6. All Citizens of the United States qualified to vote 

at any election held under this act shall be qualified to hold 
any ofiice created by this act; but no person shall be eligible 
to any office, under this or any other act in relation to said 
city, who is now or may hereafter be a defaulter to said city 
or to the state of Illinois or to any other city or county 
thereof; and any person shall be considered a defaidter 
who has refused or neglected or may hereafter refuse or 
neglect, for thirty days after demand made, to account for 
and pay over to the party authorized to receive the same, 
any public money which may have come into his possession ; 
and if any person holding any such ofiice or place ^vithin 
this city shall become a defaulter, whilst in office, the ofiice 
or place shall thereupon become vacant. 

Tie. § 7. AVhen two or more candidates for any elective office 

shall have an equal number of votes for such office the 
election shall be determined by the casting of lots in the 
presence of the city council. 

AUTICHE III. 

Election. § 1. A general election of all the officers of the corpo- 

ration required to be elected by this act or any ordinance of 
the city shall be held in each of the wards of the city, on 
the third Monday of April, in each year, at such places as 
the city council may appoint, and of which ten days' previ- 
ous public notice shall be given, by wiitten or printed noti- 
ces, in three public places in each ward, or by publication 
in the newspapers publishing the ordinances of the city, by 
the city register. 
Manner of con- § 2. The manner of conducting and voting at the elec- 

ducting eiec- tions held under this act, and contestinoj the same, the 
keeping the poll lists, canvassing of the votes and certifjdng 
the returns, shall be the same, as nearly as may be, as is 
now or may hereafter be pro^dded by law at general state 
elections: Provided^ the city council shall have power to 
regulate elections and the appointment of the judges thereof. 
The voting shaU be by ballot, and the judges of the election 
shall take the same oath and shaU have the same power and 
authority as the judges of general elections. After the 
closing of the polls the ballots shall be counted, in the 
manner provided by law, and the returns shall be returned, 
sealed, to the city register, within three days after the elec- 
tion ; and, thereupon, the city council shall meet and canvass 
the same and declare the result of the election. The persons 
having the highest number of votes for any office shall be 
declared elected. It shall be the duty of the city register 
to notify all persons elected or appointed to office of their 
election or appointment, and unless such persons shall 
qualify within twenty days thereafter the office shall become 
vacant. 



tiong. 



CITIES. 83 

§ 3. ISTo person shall be entitled to vote at any election Qualification of 
under this act who has not been a resident of said city at ^^*®^s- 
least twelve months next preceding said election; he shall 
have been, moreover, an actual resident of the ward in which 
he proposes to vote for ten days previous to such election, 
and, if required by any judge or qualified voter, shall take 
the following oath before he is permitted to vote: "I swear Oath, 
(or affirm) tliat I am of the age of twenty-one years, and 
have been a resident of this state one year and a resident 
of this city one month immediately preceding this election:" 
Provided^ that the voter shall be deemed a resident of the 
ward in which he is accustomed to lodge. 

§ 4. No election shall be held in any grocery or beer 
house or other place where intoxicating liquors are vended 
by retail. 

§ 5. The persons entitled to vote at any election held ^restsoneiec. 
under this act shall not be arrested on civil process, within ^^^ ^^" 
said city, upon the day on which said election is held; and 
all persons illegally voting at any election, held under this 
act or the ordinances of the city in pursuance thereof, shall 
be punishable according to the laws of the state. 

Article IY. 

§ 1. Every person chosen or appointed to an executive, Take oath, 
judicial or administrative office under this act shall, before 
he enters upon the discharge of the duties of his office, take 
and subscribe the oath of office prescribed in the constitution 
of this state, and file the same, duly certified by the officer 
before whom it was taken, with the city register. 

§ 2. The mayor shall, before he enters upon the duties oath of mayor. 
of his office, in addition to the usual oath, swear or affirm 
"that he will devote so much of his time to the duties of 
his office as an efficient and faithful discharge thereof may 
require." He shall preside over the meetings of the city 
council, and shall take care that the laws of this state and 
the ordinances of this city are duly enforced, respected and 
observed within this city, and that all other officers of the 
city discharge their respective duties; and he shall cause 
neghgence and positive violation of duty to be prosecuted 
and punished; he shall, from time to time, give the city 
council such information and recommend such measures as 
he may deem advantageous to the city. 

§ 3. He is hereby authorized to call on any and all Riot, 
white male inhabitants of the city or county, over the age 
of eighteen years, to aid in enforcing the laws of the state, 
or the ordinances of the city, and, in case of riot, to call out 
the militia, to aid in suppressing the same or carrying into 
effect any law or ordinance ; and any person who shall not 
obey such call shall forfeit to said city a fine of not less than 
five dollars. 



84 



CITIES. 



Exhibit of the 
books. 



dictment. 



Ordinances and 
resolutions. 



Vacancy. 



Fire wardens. 



Register. 



§ 4:. He shall have power, wlienever he may deem it 
necessary, to require of any of the officers of the city an 
exhibit of all his books and papers ; and he shall have power 
to execute all acts that may be required of him by this act 
or any ordinance made in pursuance thereof. 

§ 5. He shall be Kable to indictment in the circuit court 
of St. Clair county for palpable omission of duty, willful 
oppression, malconduct or partiality in the discharge of the 
duties of his office, and, upon conviction, shall be subject to 
a fine not exceeding one hundred dollars; and the com't 
shall have power, upon recommendation of the jury to 
add, as part of the judgment, that he be removed from 
office. 

§ 6. All ordinances and resolutions shall, before they 
take effect, be placed in the office of the city register, and, 
if the mayor approve thereof, he shall sign the same ; and 
such as he shall not aj^prove he shall return to the city 
council, with his ejections thereto, at the same meeting of 
the said council which passed said ordinances or resolutions. 
Upon the retm^n of any ordinance or resolution by the mayor, 
with his objections, the vote by which the same was passed 
shall be reconsidered, and, if after such reconsideration, a 
majority of all the members elected to the city council shall 
agree by the "ayes and noes," which shall be' entered upon 
the journals, to pass the same, it shall go into effect; and if 
the mayor shall neglect to approve or object to any such 
proceedings, after the same shall be in the possession of the 
register aforesaid, the same shall go into effect. 

§ 7. In case of vacancy in the office of mayor or his 
being unable to perform the duties of his office, by reason 
of temporary or continued absence or sickness, the city 
council shall appoint one of its members, by ballot, to preside 
over their meetings, whose official designation shall be 
"Acting Mayor;" and the alderman so appointed shaU be 
vested with all the powers and j)erform all the duties of 
mayor until the mayor shall resume his office or the vacancy 
be filled by a new election. 

§ 8. The members of the city council shall be, edi officio^ 
fire wardens and conservators of the peace within the city, 
and shall be exempt from jury duty and street labor, or the 
payment of street taxes, during their term of office. 

§ 9. The register shall keep the corporate seal and all 
j)apers and books belonging to the city. He shall attend 
all meetings of the city council, and keep a full record of 
their proceedings on the journals; and copies of all papers 
duly tiled in his office and transcrij^ts from the journals of 
the proceedings of the city council, certified by him, under 
the corporate seal, shall be evidence in all courts, in like 
manner as if the originals were produced. He shall, like- 
wise, draw all warrants on the treasury and countersign the 
same and keep accurate account thereof in a book provided 



crriEs. 85 

for tliat purpose. He shall, also, keep an accurate account 
of all receipts and expenditures, in such manner as the city 
council may direct ; and he shall have power to administer 
any oath required to be taken by this act. 

§ 10. It shall be the duty of the city attorney to per- City attorney, 
form all professional services incident to his office, and, 
when required, to furnish written opinions upon cjuestions 
and subjects submitted to him by the mayor or the city 
council or its committees. 

§ 11. The city treasurer shall receive all moneys be- Treasurer, 
longing to the city, and shall keep an accurate account of 
all receipts and expenditures in such manner as the city 
council shall direct. All moneys shall be drawn from the 
treasury in pursuance of an order of the city council, by a 
treasury warrant, signed by the mayor or the presiding 
officer of the city council, and countersigned by the register. 
Such warrant shall specify for what purpose the amount 
therein named is to be paid. The treasurer shall exhibit to 
the city council, at least twenty days before the annual 
election of each year, and oftener, if required, a fidl and 
detailed account of all receipts and expenditures since the 
date of the last annual report, and also the state of the 
treasury ; which account shall be filed in the office of the 
register. 

§ 12. The city marshal shall perform such duties as Marshal, 
shall be prescribed by the city council, for the preservation 
of the public peace, the collection of h* cense moneys, 
lines or otherwise. He shall possess the powers and author- 
ity of a constable, at common law and under the statutes of 
this state, and receive hke fees, but shall not serve civil pro- 
cess without first entering into bond, as such constable, to 
be approved by the county court, as in other cases. He 
shall execute and return all process issued by any proper 
officer, under this act or any ordinance in pursuance thereof. 

§ 13. The city engineer or surveyor shall have the sole Surveyor. 
power, under the direction and control of the city council, 
to survey, within the city limits ; and he shall be governed 
by such rules and ordinances and receive such fees and 
emoluments for his services as the city council shall direct 
and prescribe. He shall possess the same power, in making 
plats and surveys within the city, as is given by law to 
county surveyors, and the like effect and validity shall be 
given to his acts and to all plats and surveys made by him 
as are or may be given by law to the acts, plats and surveys 
of the county surveyor. He shall, when required, superin- 
tend the constniction of all public works ordered by the 
city, make out the plans and estimates thereof, and contract 
for the execution of the same. He shall peiform all sur- 
veying and engineering ordered by the city council, and 
shall, under their direction, establish the grades and bound- 
aries of streets and alleys ; but such plans, estimates and 



86 CITIES. 

contracts, grades and boundaries sliall be first reported to 
the city council and approved by them or they shall not be 
valid. 

Assessor. § 14. The assessor shall perform all duties in relation to 

the assessing of property, for the purpose of levying the 
taxes imposed b}^ the city council. In the performance of 
his duties he shall have the same powers as are or may be 
given by law to county or town assessors and be subject to 
the same liabilities. On completing the assessment lists, 
and having revised and corrected the same, he shall sign 
and retm^n them to the city council. 

Collector. § 15. The collector shall collect all taxes and assess- 

ments which may be levied by the city council and perform 
such other duties as may be herein prescribed or ordained 
by the city council. 

Weigher. § 16. The weigher shall attend at the 2:)ublic scales for 

which he is appointed and weigh every load of hay, stone 
coal or other thing which may be presented to be weighed, 
and to give the person presenting the same a certificate of 
net weight thereof, and to perform such other duties in the 
measurement of wood and other things as may be required 
of him by ordinance or resolution. 

Market master § 17. The market master shaU have the direction and 
management of the market house and market place, and 
shall do and perform such acts and duties as may be re- 
quired of him by ordinance or resolution. 

Street inspec- § 18- The street inspector shall superintend all local im- 

tor. provement in the city and carry into eff'ect all orders of the 

city council in relation thereto. It shall also be his duty to 
superintend and super\^se the opening of streets and alleys 
and the grading, improving and rej)airing thereof and the 
construction and repairing of bridges, culverts and sewers ; 
to order the laying, relaying and repairing of side-walks ; 
to give notice to the owners of property adjoining such side- 
walks, when required, and upon the failure of any person 
to comply with such notice to cause the same to be laid, re- 
laid or repaired and apportion the cost thereof among the 
persons or lots properly chargeable therewith and dehver 
the amount thereof to the city register, to be laid before the 
city council ; to make plans and estimates of any work or- 
dered in relation to streets and alleys, bridges, culverts or 
sewers; to keep full and accurate accounts, in appropriate 
books, of all appropriations made for work pertaining to his 
office and of all disbursements thereof, specifying to whom 
made and on what account; and he shall render monthly 
accounts thereof to the city council. 

City Council. § 1 9. The city council shall have power, from time to 
time, to require further and other duties of all otiicers whose 
duties are herein prescribed and prescribe the powers and 
duties of all officers elected or appointed to any office under 
this act, whose duties are not herein specified, and fix their 



CITIES. 87 

compensation. They may also require all officers, severally, 
before tliey enter upon tlie duties of their respective offices, 
to execute a bond to the city of Belleville, in such sum and 
with such secm'ities as they may approve, conditioned that 
they shall faithfully execute the duties of their resj)ective 
offices and account for and pay over and dehver all moneys 
and other property received by them ; which bond, with the 
approval of the city coimcil certified thereon by the register, 
shall be filed in his office, except the bond of the register, 
which shall be in the keeping of the mayor. 

§ 20. If any person, having been an officer of said city. Delivery of 
shall not within ten days after notification and request, deliver successors.' *° 
to his successor in office all the j)roj)erty, books, papers and 
effects, of every description, in his possession, belonging to 
the city or appertaining to his said office, he shall forfeit 
and pay, for the use of the city, fifty dollars, besides all 
damages caused by his refusal or neglect so to dehver; 
and such successor may recover possession of the books, 
papers and eflects belonging to his office in the manner pre- 
scribed by the laws of this state. 

§ 21. The officers elected or appointed under this act Commissions, 
shall be commissioned by warrants, under the corporate 
seal, signed by the mayor or presiding officer of the city 
council and register. 

Article Y. 

§ 1. The mayor and aldermen shall constitute the city City council, 
council of the city. The city council shall meet at such 
time and place as they shall, by resolution, direct. The 
mayor, when present, shall preside at all meetings of the 
city council, and shall have only a casting vote ; in his ab- 
sence any one of the aldermen may be appointed to pre- 
side. A majority of the persons elected aldermen shall con- Quorum, 
stitute a quorum. 

§ 2. jSTo member of the city council shall, during the compensation 
period for which he is elected, receive more than fifty dol- 
lars for his services as alderman, or be appointed to or be 
competent to hold any office of which the emoluments are 
paid from the city treasury, or paid by fees directed to be 
paid by any act or ordinance of the city council, or be 
allowed to vote in any matter in which he is directly inter- 
ested, personally or pecuniarily. 

§ 3. The city council shall hold twelve stated meetings. Meetings, 
one in each month, during the year ; and the mayor and 
aldermen, or any two aldennen, may call special meetings by 
notice to each of the members of the council, served per- 
sonally or left at their usual places of abode. Petitions and 
remonstrances may be presented to the city council ; and 
they shall determine the rules of their own proceedings and 
be the judges of the election and quahfication of their own 



88 



CITIES. 



members, and shall have power to compel the attendance of 
absent members. 
Finances. § tt. The city conncil shall have control of tlie finances 

and of all property, real, personal and mixed, belonging to 
the corporation, and shall likeM'ise have power, within the 
jnrisdiction of the city, by ordinance : 
Borrow money First. — To borrow money on the credit of the city, and 
issne the bonds of the city therefor ; but no snm of money 
shall be borrowed at a higher rate of interest than the rate 
allowed by law, nor shall a greater snm or snms be borrow- 
ed, or at any time ontstanding, the interest npon the aggre- 
gate of which shall exceed the one-half of the city revenue 
a,rising from the ordinary taxes within the city for the year 
immetliately preceding ; and no bonds shall be issued or 
negotiated at less than par value. The appropriations of 
the city council for payment of interest, for improvements 
and for city expenses, during any one fiscal year, shall not 
exceed the amount of the whole ordinary revenue of the 
city for the fiscal year immediately preceding ; but the city 
council may apply any surplus money in the treasury to the 
extinguishnient of the city debt, or to the creation of a sink- 
ing fund for that purpctse, or to the contingent fund, for the 
contingent expenses of the city. 
Appropriations Sccoud. — To appropriate money and to proN'ide for the 
payment of the debts and the expenses of the city. 

Third. — To make regulations to prevent the introduction 
of contagious diseases into the city ; to make quarantine 
laws for "that purpose, and to enforce them within the city 
and within five miles thereof. 

Fourth. — To make regulations to secure the general 
health, and comfort of the inhabitants ; to prevent and abate 
and remove nuisances and punish the authors thereof by 
penalties, fines and imprisonments ; to define and declare 
what shall be deemed nuisances, and authorize and direct 
summary abatement thereof. 
Water. Fifth.— To provide the city with water ; to make, regu- 

late and establish public wells, pumps and cisterns, hydrants 
and reservoirs in the streets within the city, or beyond the 
limits thereof, for the extinguishment of fires and the con- 
venience of the inhabitants, and to prevent the unnecessary 
waste of water. 
streets, &c. Sixth. — To have the exclusive control and power over the 

streets, alleys and highways of the city, and to abate and 
remove any encroachments or obstructions thereon ; to 
open, alter, abolish, widen, extend, straighten, establish, re- 
gulate, grade, clean or otherwise improve the same; to put 
drains and sewers therein, and prevent the incumbering 
thereof in any manner, and protect the same from any en- 
croachment or injury. 
Bridges, &c. Seventh. — To establish, erect, construct, regulate and keep 
in repair bridges, culverts and sewers, side-walks and cross- 



Health. 



cniES. 89 

ways, and regulate the construction and use of the same, 
and to abate any obstructions or encroachments thereof; to 
establish, alter, change and straighten the channels of water 
courses ajnd natural (irains ; to sewer the same, or wall them 
up and cover them over, and to prevent, regulate and con- 
trol the filling up, altering or changing the channels thereof 
by private persons. 

Eirjhth. — To provide for lighting the streets and erecting Lighting of the 
lamp posts and lamps therein, and regulate the lighting streets, 
thereof; and from time to time create, alter or extend lamp 
districts ; to exclusively regulate, direct and control the lay- 
ing and repairing the gas pipes and gas fixtures in the streets, 
alleys and side-walks. 

Ninth. — To establish and erect markets and market houses Markets 
and other public buildings of the city, and provide for the 
government and regulation thereof and their erection and 
location, and to authorize their erection in the streets and 
avenues of the city, and the continuation of such as are 
already erected within the same. 

Tenth. — To provide for the inclosing, regulating and im- Public gronnd« 
proving all public grounds and cemeteries belonging to the 
city, and to direct and regulate the planting and preserving 
of ornamental and shade trees, in the streets and public 
grounds. 

Eleventh.. — To erect and establish one or more hospitals or Hospita's. 
dispensaries, and control and regulate the same. 

Iwelfth.. — To prevent the incumbering of streets, alleys, incumbering 
side- walks or public grounds with carriages, wagons, carts, streets, 
wheelbarrows, boxes, lumber, timber, firewood, posts, awn- 
ings, signs, or any other substance or material whatever ; to 
compel all persons to keep snow, ice, dirt and other rubbish 
from the side-walks and street gutters in front of the pre- 
mises occupied by them. 

Thirteerdh. — To license, tax and regulate merchants, com- Tax merchanta 
mission merchants, inn keepers, insurance brokers and auc- 
tioneers, and to impose duties upon the sales of goods at auc- 
tion; to license, tax, regulate, suppress and prohibit hawkers, 
peddlers, pawn brokers, grocery keepers and keepers of or- 
dinaries, theatrical or other exhibitions, shows and amuse- 
ments. 

Fourteenth.-— To Kcense, tax, regulate and sujjpress hack- Hackmen, Ac 
men, draymen, omnibus drivers, porters and aU others pur- 
suing like occupations, with or without vehicles, and pre- 
scribe their compensation ; and to restrain and regulate 
runners for stages, cars and public houses. 

Fifteenth. — To license, tax and regulate billiard-tables, ten- Billiard tabie». 
pn alleys and ball-alleys; to suppress and restrain disorderly 
houses, tippling shops bawdy houses, gaming and gambhng 
houses, lotteries and all fraudulent devices and practices, 
and all playing of cards, dice and other games of chance, 



' ' CITISS. 

with or without betting, and to authorize the destruction of 
all instruments and devices used for the purposes of gaming. 

Licenses. Sixteenth. — To authorize the proper officer of the city to 

o;rant and issue licenses, and to direct the manner of issuing 
and registering thereof, and the fees and charges to be paid 
therefor. JSTo license shall be granted for more than one 
year, and not less than three dollars nor more than live hun- 
dred dollars shall be charged for any license under this act ; 
and the fees for issuing the same shall not exceed one dol- 
lar; but no license for the sale of wiaes or other liquors, 
ardent or vinous, fermented or malt, at wholsesale or retail^ 
by grocery keepers, inn keepers or others, shall be issued 
for less than fifty dollars. 

Intoxicating li-. Seventeenth. — To restrain, regulate, and prohibit the selling 

quors. or giving away of any intoxicating or malt liquors, by any 

person within the city, or within half a mile of the boun- 
dary of the city, excepting those which are in the town of 
West Belle\'ille, except by persons duly licensed by the city. 
To forbid and punish the selling or giving away of any 
intoxicating or malt liquors to any minor, apprentice or ser- 
vant, [without the consent] of the parent, guardian, master 
or mistress. 

Forestalling. Eirfiiteenth. — To prevent, restrain and punish forestalling 
and regrating; to regulate the inspection and vending of 
fresh meats, poultry and vegetables ; of butter, lard and other 
provisions ; and the place and manner of selling fish, and 
inspecting the same. 

Weights and Nineteenth.— ^Q establish standard weights and measures^ 

measures. ^^^d regulate the weights and measures^ to be used within the 
city, in all cases not otherwise provided by law. To require 
all traders or dealers in merchandise or property of any 
description, which is sold by measure or weight, to cause 
their measures and weights to be tested and sealed by the 
city weigher or other person appointed by the city council, 
and to be subject to his inspection.. The standard of such 
weights and measures shall be conformable to those estab- 
lished by law or ordinance. 

Butchers. Twentieth. — To regulate, license and prohibit butchers ; 

and to revoke their license for malconduct in the course of trade. 

immber, &c. Tioenty-fivst. — To regulate and provide for the inspecting 
and measuring of lumber^ sliingles, timber, posts, staves, 
heading, and all kinds of building materials ; and for the 
measuring of all kinds of mechanical work; and to appoint one 
< )r more inspectors or measurers. 

flay, &c. Twenty-second. — To provide for the inspection and weigh- 

ing of hay, lime and stone coal, and the place and manner of 
selling the same. To regulate the measurement of fire 
wood, charcoal and other fuel, to be sold or used within the 
city, and the place and manner of selling the same. 

Fr^Tisious. Twenty-third. — To regulate the inspection of beef, pork, 

flour, meal, salt and other provisions, salt, whisky, and other 



CITIES. 91 

liquors, to be sold in barrels, hogsheads, and other vessels or 
packages; to appoint weighers, gangers and insj)ectors, and inspectors, 
prescribe their duties and regulate their fees: Provided^ 
that nothing herein shall be so construed as to require the 
inspection of any articles enumerated lierein which are to 
be shipped beyond the limits of the state, except at the 
request of the owner thereof, or his agent, 

Ttcenty-fourth. — To regulate the weight and quality of Bread, 
bread to be sold or used within the city. 

Ticenty-ffth. — To direct, hcense and control all wagons 
and trains conveying heavy loads within the city and pre- 
scribe the width of the rim and tire of the same. 

Tyjenty-sixtJi. — To regulate the size and quality of bricks Bricks, 
to be sold or used within the city and the inspection thereof. 

Ttcenty-seventh.- — To create, establish and regulate the poUce. 
police of the city; to appoint watchmen and policemen, 
and prescribe their duties and powers. 

Ttcenty-eujJdh. — To prevent and suppress any riot, rout, ^dots. 
afiray, noise, disturbance or disorderly assemljly, in any 
public or private house within the city. 

I'lventy-ninth. — To prohibit, prevent and suppress horse Horse racing, 
racing, immoderate riding or dri\ang in the streets, and to 
authorize p'ersons immoderately riding or driving, as afore- 
said, to be stopped by any person ; to prohibit and punish 
the abuse of animals; to compel persons to fasten their 
horses, or other animals, attached to vehicles or otherwise, 
while standing or remaining in the streets. 

Thirtieth. — To restrain and punish vagrants, mendicants vagrants. 
and street beggars and prostitutes. 

Thiirty-first. — To regulate, restrain or prohibit the running stock. 
at large of horses, mules, jackasses or jennies, cattle, swine, 
sheep, goats and geese, and to authorize the distraining, 
impc»unding and sale of the same for costs of the proceed- 
ings, and the penalties incurred; and to impose penalties on 
tlie owners thereof for a violation of any ordinance in rela- 
tion thereto ; to regultate, restrain and prohibit the running Dogs, 
at large of dogs, and to authorize their destruction when at 
large contrary to ordinance, and to impose penalties on the 
owners or keepers thereof 

Thjirty-second. — To prohibit and restrain the rolhng of Amusements, 
hoops, llying of kites, or any other amusements or practices 
tending to annoy persons passing on the streets or to frighten 
horses or teams ; to restrain and prohibit the ringing of bells, 
blowing of horns or bugles, crying of goods, and all other 
noises, performances and practices, tending to the collecting 
of persons on the streets or sidewalks, by auctioneers and 
others, for the pm-pose of business, amusement or other- 
wise. 

Tidrty-third. — To abate all nuisances which may injm-e Nuisances. 
or afi'ect the pubhc health or comfort, in any maimer they 
may deem expedient. 



92 CITIES. 

Thirty-fourtii, — To do all acts and make all regulations 
which may be necessary or expedient for the promotion of 
health and the suppression of disease. 

IJiirty-Jifth.- — To compel the owner or occupant of any 
grocery, cellar, soap or tallow chandler, or blacksmith shop, 
tannery, stable, privy, sewer or other unwholesome or nause- 
ous house or place, to cleanse, remove or abate the same, as 
may be necessary for the healthy comfort and convenience 
of the inhabitants. 

Breweries. Tldrty-sixt/i. — To direct the location and regulate the 

management and construction of breweries, tanneries, black- 
smith shops, foundries, livery stables and packing houses; to 
direct the location and regulate the management and con- 
struction of and restrain, abate and prohibit within the city, 
and to the distance of one mile from the limits thereof, 
distilleries, slaughtering establishments, establishments for 
steaming or rendering lard, tallow, ollal and such other 
substances as may be rendered, and all other establishments 
or places where any nauseous, offensive or unwholesome 
business may be carried on. 

Eariai of the Thirty -Seventh. — To regulate the burial of the dead; to 

dead. establish and regulate one or more cemeteries; to regulate 

the registration of births and deaths; to direct the returning 
and keeping of bills of mortality, and to impose penalties on 
physicians and sextons and others tor any default in the 
premises. 

cjensus. Thirty-eighth. — To provide for the taking an enumeration 

of the inhabitants of the city. 

AVork house. Thirty-ninth. — To erect and establish a work house or 
house of correction ; make all necessary regulations therefor, 
and appoint all necessary keepers or assistants. In such 
work house or house of correction may be confined all 
vagrants, stragglers, idle and disorderly persons, who may 
be committed thereto, by any proper officer, and jjersons 
sentenced by any criminal court or magistrate in and for the 
city, or for the county of St, Clair, for any assault and 
battery, petit larceny or other misdemeanor, punishable by 
imprisonment in any county jail; and any person who shall 
fail or neglect to pay any tine or penalty or costs imposed 
by any ordinance of the city for any misdemeanor or breach 
of any ordinance of the city, may, instead of being committed 
to the county jail of St. (Jlair county, be kept therein, sub- 
ject to labor and confinement. 

Destitute chii- Fortieth, — To authorize and direct the taking up and 
dreo. providing for the sate keeping and education, for such periods 

of time as may be deemed expedient, of all children who are 
destitute of ]3roper parental care, wandering about the streets, 
committing mischief, and growing up in mendicancy, igno- 
rance, idleness and vice. 

Drftine, &c. Forty-jlrst. — To fill up, drain, cleanse, alter, relay, repair 

and regulate any grounds, lots, yards, cellars, private drains, 



CITIES. 93 

sinks and privies ; direct and regnlate their construction and 
cause the expense thereof to be assessed and collected in 
tlie same manner as side-walk assessments. 

Fort'j-seconrJ. — To direct and control the laying and con- Railroad track. 
strnction of railroad tracks, bridges, turn onts and switches, in 
the streets and alleys, and the location of depot grounds within 
the city. To require that railroad tracks, bridges, tuni-outs, 
and switches shall be so constructed and laid as to interfere 
as little as possible with the ordinary travel and use of the 
streets and alleys, and that sufficient space shall be left on 
either side of said tracks for the safe and convenient passage 
of teams and. persons. To require railroad companies to 
keep in repair the streets through which their track may 
run, and to construct and keep in repair suitable crossings 
at the intersections of streets and alleys and ditches, sew- 
ers and culverts, when the city council may deem neces- 
sary. To direct and prohibit the use and regulate the speed 
of locomotive engines within the inhabited parts of the city. 
To prohibit and restrain railroad companies from doing 
storage or warehouse business or collecting pay for storage. 

Forty-third. — The city council shall have power to pass, Ordinancer. 
publish, amend and repeal all ordinances, rules and police 
regulations not contrary to the constitution of the United 
States or of this state, for the good government, peace and 
order of the city and the trade and commerce thereof, that 
may be necessary or proper to carry into effect the powers 
vested by this act in the corporation, the city government 
or any department or officer thereof; to enforce the observ- 
ance of all such rules, ordinances and police regulations and to 
punish violations thereof by fines, penalties and imprisonment 
in the county jail, city prison or work house or both, in 
the discretion oi the court or magistrate, before whom con- 
victi<jn may be had; but no fine or penalty shall exceed five 
hundred dollars nor the imprisonment of six months for any 
offence; and such fine or penalty may be recovered with 
costs in an action of debt, in the name or for the use of 
the city, before any court having jurisdiction, and punish- 
ment inflicted; and any person" upon whom any line or 
penalty is imposed, shall stand committed until the payment 
of the same and costs; and in default thereof, may be 
imprisoned in the' county jail, city prison or work house, or 
required to labor on the*^ streets or other public works of the 
city, for such time and in such manner as may be provided 
by ordinance. 

"^ Forty -fourth. — To recall and vfithdraw from circulation City bond?, 
any of the matured city bonds for city indebtedness for the 
purpose of paying the same, or to have new bonds reissued to 
those who are legally entitled to them, but in no case shall 
such bonds be disposed of under par, nor shall any greater 
rate of interest be paid than ten per cent per annum. 



94 



CITIES. 



Forty-fifih. — To regulate and license all the groceries and 
beer houses, shows, menagei-ies and other exhibitions with- 
in half a mile of the established boundaries of the city, ex- 
cepting those within the hmits of the town of AYest Belle- 
ville. 

Article YI. 



Special tax. 



Tax for 
post. 



lamp 



Pioad tax. 



§ 1.^ The city council shall have power within the city 
by ordinance — 

First. — To levy and collect annually taxes not ex- 
ceeding five mills to the dollar, on all assessed value 
of real and personal estate, and property within the city, 
and all personal property of the inhabitants thereof, made 
taxable by the laws of the state for state purposes, to defray 
the general and contingent expenses of the city, not herein 
otherwise provided for, which taxes shall constitute a gen- 
eral fund. 

Second. — Also to \q\j and collect a special tax on all 
property described in section first of not exceeding two mills 
on the dollar, which two mills shall constitute a sinking 
fund, to be wholly appHed in the payment of the bonds and 
obligations of the city not due and maturing on or before 
the^tirst of January, 1868, and for no other purpose whatever. 
^ Tliird. — Also to levy and collect, upon all property in such 
districts as they shall from time to time create, a tax sufficient 
to defray one-half of the expenses of erecting lamp posts and 
lamps and lighting the streets in such districts, and the tax thus 
collected shall be exclusively expended for such purposes iii 
the districts paying the same. 

Fourth. — To reciuire (and it is hereby made the duty of) 
every male resident of the city, over the age of twenty-one 
years, and under the age of fifty years, to labor three days 
in each year upon the streets and alleys of the city ; but any 
person may, at his option, pay in lieu thereof two dollars; 
Provided.^ the same shall be paid within ten days after noti- 
fication by the street inspector. In default of payment as 
aforesaid the sum of three dollars and costs may be collected^ 
and no set ofi' shall be allowed in any suit 
collect the same. 



brought to 



Article YIL 



Public grounds § 1- The city council shall have powder to open and lay out 
*c- public grounds, or squares, streets, alleys and highways, and 

to alter, widen, contract, straighten and discontinue the 
same. But no street, alley or highway, or any part thereof^ 
shall be discontinued or contracted without the consent in 
writing of all persons owning land or lots adjoining said 
street, alley or highway. They shall cause all streets, alleys 
and highways, or public squares or grounds laid out by them. 



to be surveyedjdescribed and recorded in a book, to be kept 
by the register, showing accurately and particularly the pro- 
posed inr[3roYements, and the real estate required to be 
taken ; and the same, when opened and made, shall be pub- 
lic highways and public squares. 

§ 2. Whenever any street, alley or highway, public Compensation, 
ground or square, is proposed to be laid out, opened, 
altered, widened or straightened, by virtue hereof, and the 
amount of compensation cannot be agreed upon, the city 
council shall give notice of their intention to appropriate 
and take the land necessary for the same, to the owner 
'thereof, by pubhshing said notice for ten days in the news^ 
paper publishing the ordinances of the city ; at the expira- 
tion of which time they shall choose, by ballot, three disinter- 
ested freeholders, residing in the city, as commissioners, to 
ascertain and assess the damages and recompense due the 
owners of said real estate respectively, and at the same time 
to determine what persons will be benefitted by such im- 
provement; and assess the damages and expenses thereof 
on the real estate benefitted thereby, in proportion, as nearly 
as may be, to the benefits resulting to each. A majority of 
all the aldermen authorized by law to be elected, shall be 
necessary .to a choice of such commisioners. 

§ 3. The commissioners shall be sworn faitlifuHy and Swoi-tt. 
impartially to execute their duties to the best of their 
abilities. Before entering upon their duties, they shall 
give at least live days' notice to all persons interested of the 
time and place of their meeting for the purpose of A'iewing 
the premises and making their assessments; which notice 
shall be given personally, if the owners are residents and 
known, or by publication in the newspaper publishing the 
ordinances of the city, if non-residents or unknown ; they 
shall view the premises, and in their discretion, receive any 
legal evidence^ and may, if necessary, adjourn fi-om day to 
day. 

§ 4. If there should be any buildings standing, in whole VaUiation, hew 
or in part, upon the land to be taken, the commissioners, be- ^" ^ ^' 
fore proceeding "to make their assessment^ shall first estimate 
and determine the whole value of such building to the own- 
ei', aside from the value of the land-, and the actual injury to 
him in ha\dng such building taken from him ; and secondly-, 
the value of such building to him, to remove, 

§ 5. At least five days' notice shall be given to the owm~ Xetice. 
ei', of such determination, when known, and a resid-ent of 
the city, which may be given personally or in writing, left at 
his usual place of abode. If a non-resident, or unknown, like 
notice to all persons interested shall be given, by publication 
in the newspaper publishing toe oKlinan<?es of the city. Such 
notice shall specify the buildings and. the award of the coup 
missioners, and shall be signed by them. It shall also require 
the persons interested to appear ty a day to be named therein, 



90 CITIES. 

or give notice of their election to tke city council, eitlierto 
accept the award of the commissioners, and allow such build- 
ing to be taken, with the land condemned or appropriated, or 
of their intention to receive such building at tlie value set 
thereon by the commissioners to remove; if the owaier shall 
agree to remove such building, he shall have such reason- 
able time for that purpose as the city council may direct,- 
Sale of buiid= § 6. If the owner refuses to take the building at its ap- 
"*-'?■ praised value, to remove, or fails to give notice of his inten- 

tion as aforesaid, within the time prescribed, the city council 
shall have power to direct the sale of such building, at public 
auction, for cash or on" a credit, giving five days' public no- 
tice of the sale,- The proceeds of the sale shall be paid to 
the 0Y7ner, or deposited to his ase. 
Asscssn-toiit of § 7. The Commissioners shall thereupon procced to make 
dumaires. their assessuieuts, and determine and appraise to the owner 
the value of the real estate appropriated, and the injury 
arising from the condemnation thereof, which shall be 
awarded to such owner as damages, after making due allow- 
ance therefrom for any benefit which such owner may de- 
rive from such improvement. In the estimate of damage to 
the land, the commissioners shall include the value of the 
building, (if the property of the owner of the land,) as esti- 
mated by them as aforesaid, less the proceeds of the sale 
thereof; or if taken by tlie owner, at the value to remove, in 
that case they shall only include the difference between such 
value and the whole estimated value cf such building, 
strike balance § 8. If the damages to any person be greater than the 
benefits received, or if the benefit be greater than the dam- 
ages, in ^ither case the commissioners shall strike a balance 
and carry the difference forward to another colmmn, so that 
the assessment may show what amount is to be received or 
paid by such owners, respectively, and the difference only 
shall in any case be collectable of or paid to theuT. 

§ 9. If the land's and buildings belong fo different j^er- 
sons or if the land be subject to lease or mortgage the injn- 
I'y done to such persons, respectively, may be awarded to 
them by the commissioners, less the benefit resulting to 
them, respectively, from the improvement. 
Return of as- § ^^- Having ascertained the damages and expenses of 
sessment bj sucli improvement, as aforesaid, the commissioners shall 
commission rs thereupon ap2:»ortion and assess the same, together with the 
costs of the proceedings, upon the real estate by thern deemed 
benefitted, in proportion to the benefit resulting from 
the improvements, as nearly as may be, and shall describe 
the real estate upon which their assessment may be made °f 
when completed, the commissioners shall sign and return 
the same to the city council within forty days of their ap-- 
pointment. 
Notice. § 11. The register shall give ten days' notice, by publi- 

cation in the newspaper publishing the ordinances of the 



CI-TIES. 9^ 

city, that sucli assessment has been retnrned, and on a day, 
to be specified therein, will be confirmed by the city 
council, nnless objections to the same are made by some • 
person interested. Objections may be heard before the city 
council, and the hearing may be adjourned from day to day. 
The council shall have power, in their discretion, to confirm 
or annul the assessment, or refer the same back to the com- 
missioners. If annulled, all the proceedings shall be void ; 
if confirmed, an order of confirmation shall be entered, di- 
recting a warrant to issue for the collection thereof. If re- 
ferred back to the same or other commissioners, they shall 
j^roceedto make their assessment and return the same in like 
manner, and give like notice as herein recjuired in relation 
to the first ; and all parties in interest shall have the like no- 
tice and rights, and the city council shall perform like duties 
and have like powers in relation to any subsequent deter- 
mination as are herein given in relation to the first. 

§ 12. The city council shall have power to remove com- Kemove com-- 
missioners and from time to time to appoint others in place ""''" ° 
of such as may be removed, or refuse, neglect or are unable, 
from any cause, to serve. 



missioners, 



inar 



Lands taken 



&? 



§ 13. The land required to be taken for the mak 
opening, widening, straightening or altering any street^ alley 
or other highway or puljlic ground or square shall not be 
appropriated until the damage- awarded therefor to any 
owner thereof, under this act, shall be paid or tendered to 
such owner or his agent, or in case such owner or his assent 
cannot be found within the city, deposited to his or their 
ci-edit in some safe place of deposit other than the hands of 
the treasurer; and then, and not before, such lands may be 
taken and appropriated for the purpose required in making 
such improvements, and such streets, alleys or other high- 
ways or public grounds may be made and opened. 

§ 14. When the whole of any lot, pared of land or 
other premises, under lease or contract, shall be taken for 
any of the purposes aforesaid, by virtue of this act, all the 
covenants, contracts and engagements between landlords and 
tenants or any other contracting parties, touching the same 
or any part thereof, shall, upon the confirmation of the re- 
port of the commissioners, respectively^ cease and be abso- 
lutely discharged. 

§ 15, When part only of any lot^ parcel of land or other When par? 
premises, so under lease or contract, shall be taken for any ^^^'^°- 
of the purposes aforesaid, by virtue of this act, all the cov- 
enants, contracts, agreements and engao-ements respecting 
the same, upon the confirmation of the report of the com- 
missioners, shall be absolutely discharged, as to that part 
thereof so taken, but shall remain valid as to the residue 
thereof, and the rents, consideration and payments reserved 
payable and to be paid for, or in respect to the same, shall 
be so proportioned" as that the part thereof justly and equi* 



98 CITIES. 

tably payable for such residue thereof, and no more, shall 
be paid or recoverable, in any respect of the same. 

Appeal. § 1^- ^I'^y person interested may appeal from any final 

order of the city council for opening, alterino;, widening or 
straightening any street, alley or other highway or public 
ground, to the circuit court of St. Clair county, by notice, in 
writing, to the mayor, at any time before the expiration of 
twenty days after the passage of said final order. In case of 
appeal, the city council shall make a return within thirty 
days after notice thereof, and the court shall, at tlie next term 
after the retarn filed in the office of the clerk thereof, hear 
and determine such appeal, and confirm or annul the pro- 
ceedings, from which judgment no appeal or writ of error 
shall lie. Upon the trial of the appeal, all questions involved 
in said proceedings, including tht amount of damages, shall 
be open to investigation by affidavit or oral testimony ad- 
duced to the court ; or upon application of the city or any 
party, the amount of damages may be assessed by a jury in 
said court, without formal pleadings, and judgment rendered 
accordingly; and the burden of the proof shall, in all cases, 
be upon the city to show that the proceedings are in confor- 
mity with this act. 

.andiord pay § IT. In all cascs wllere there is no agreement to the 

■'.-sessments. contrary, the owner or landlord, and not the tenant or occu- 
pant, shall be deemed the person wjio shall and ought to 
pay and bear every assessment made for the expense of any 
public improvement. Where any such assessment shall be 
made upon or paid by any person, when, by agreement or 
by-law, the same ought to he borne or paid by any other per- 
son, it shall be lawful for one so paying to sue for and re- 
cover of the person bound to pay the same, the amount so 
paid, with interest. l!s^othing herein contained shall, in any 
way, impair or affect any agreement between landlord and 
tenant, or other person, respecting the payment of such as- 
sessments. 

"iiaigebi § 18. The city council may, by ordinance^ make any 

change they may deem advisable in the proceedings herein 
prescribed, for ascertaining the damages and injury occa- 
sioned to any person, or real estate, by reason of the condem- 
nation of such real estate, or any real estate upon which any 
buildings may be situated, in whole or in part, and the assess- 
ment of such damages and injury upon persons or real estate 
benefitted by the improvement, and in all such other re- 
spects as experience may suggests 

Hightsof iu= § 19; When any known owner, or other person having 
tantsi ^jj interest in any real estate, residing in the city or else- 

w^here, sliall be an infant, and any proceedings shall be had 
under this act^ the judge of the circuit court of St. Clair 
county, the county judge of said county, or any judge of the 
supreme court, may, upon the application of the city coun- 
cil, or such infant or his next friend, appoint a guardian for 



CITIES. 



99 



siicli infant, taking security from such gnardiah for tlie 
faitliful execution ot sucli trust, and all notices and sum- 
mons required by this act shall be served on such guardian. 

ARTICLE YIII. 

§ 1. The city council shall have power, from time to improvements 
time, to cause any street, alley or other highway to be " ' ' 
graded, regraded, leveled, paved or planked, and keep the 
same in repair, and alter and change the same. 

Second. — To cause side-walks and cross-walks, main drains Side-waik^^. 
and sewers and private drains to be constructed and laid, 
relaid, cleansed and repaired, and regulate the same. 

Hard. — To grade, improve, protect and ornament any ^^'-^^^^ square, 
public square, or other public ground, now or hereafter laid 
out. 

Fourth. — The city coimcil shall have additional powers to Collect city tar 
assess and collect of the owners of lots or real estate on any 
street or other highway, or any part thereof, in the same 
manner as other city taxes, or in such manner as may be 
prescribed by ordinance, for the purpose of grading, maca- 
damizing, paving or planking such street or other highway : 
Provided^ that such tax shall not exceed five mills per an- 
num of the value of the property assessed. 

§ 2. That, for the purpose of estabHshing a system of City districts- 
sewerage and drainage, the city council may have power to 
cause the city to be laid oif into districts, to be drained by 
principal and lateral or tributary sewers or drains, having 
reference to a general plan of drainage, by sewers and 
drains, for the whole city, and number and record the same. 

§ 3. That whenever a majority in number of the owners Special tax* 
of real estate within any district shall petition the city coun- 
cil for the construction of such drains or sewers in such dis- 
trict, the city council shall have power to levy and collect a 
special tax on the real estate within the district so drained, 
and not to exceed five (5) mills to the dollar, per annum, on 
the assessed value thereof, for the purpose of constructing 
such sewers and drains ; which tax [shall] be annually levied 
and collected as other city taxes by law, and shall constitute 
a lien on the real estate in the district in which it is assessed 5 
and the city council shall have power to provide for the con- 
struction and letting of such sewers and drains, or such parts 
tliereof as they shatl deem necessary, and may from time to 
time extend, enlarge or alter the same, upon such terms and 
conditions as they "shall deem necessary; and the city council 
shall have power to borrow money for the construction of 
such sewers and drains, payable in principal and interest 
from the special tax collected in such districts, or the city 
council may apportion the estimated cost of such drains and 
sewers, and collect the same by a series of annual assess^ 
ments. But no ordinance creating such debt, special tax or 



lOO 



CITIES^ 



apportionment shall be repealed or altered until the debt 
created thereby shall have been paid. 
Siden^aiks. g 4. j^w owners or occupants of lots or lands in front of, 

adjoining or upon whose premises the. city council shall 
order and direct sidewalks or private drains, communica- 
ting with any main drain, to be constructed, graded, re- 
paired, relaid or cleansed, or shall declare any such land or 
lots to be nuisances, and order the same to [be] graded, 
filled up and drained, or otherwise im.proved, shall make^ 
grade, repair or rela}^ such sidewalk, or make, repair or 
cleanse such private drain, or grade, fill up, drain or other- 
wise improve such lot or land at their own cost and charges, 
' within the time and in the manner prescribed by ordinance 
or otherwise, and if not done within the time and in the 
manner prescribed, the city council may cause the same to 
be constructed, repaired, relayed, cleansed, filled up, graded, 
drained, or otherwise improved, and assess the expense 
thereof, by an order, to be entered in their proceedings, upon 
the lots and land respectively, and collect the same by war- 
rant and sale of the premises, as in other cases. A suit may 
also be maintained against the owner or occupant of such 
premises, for the recovery of such expenses as for money 
paid and laid out to his use at his request. 
Tax for the re- § 5. In all cascs where expenses may be incurred in the 
aances.^ ^^^' I'^moval of any nuisance, the city council may cause the 
same to be assessed against the real estate chargeable there- 
with, in the same manner prescribed in the foregoing sec- 
tion. Such expenses may be likewise collected of the owner 
or occupant of such premises, in a suit for money expended 
to his or their use ; and in case the same should not be 
chargeable to any real estate, suit may in like manner be 
brought for such expenses against the author of such nui- 
sance, if known, or any person whose duty it may be to 
remove or abate the same. 
Gieansiugof § 6. The citv couucil shall have power to compel the 

alleys. owners of lots or ground frontiug or adjoining any private 

or public alley, to keep said alley clean, and, if necessary, 
to direct the same to be paved, macadamized, planked, or 
otherwise, and the costs thereof to be assessed and collected 
in the same manner as sidewalk assessments. 

Article IX,- 

Assessors and § 1. The city couucil sliall have power, by otdinance, to 
uSr*^"^^"* prescribe the form [of | assessn;ent lists, and prescribe the 
duties and define the powers of assessors. They may also 
make such rules and give such directions in relation to re-- 
vising, altering or adding to the lists as they may deem 
proper and expedient. 

§ 2. The annual assessment lists shall be returned by 
the assessor on or before the first Monday in August in o^ch 



CITIES. lOJ 

year, but the time may be extended by order of the city 
council. On the return thereof, the city council shall fix a 
day for hearing objections thereto, and the register shall 
give notice of the time and place of such hearing, by pubh- 
cation in the newspaper pubhsiiing the ordinances of the 
city; and any person feeling aggrieved by the assessment of 
his property may appear at the time specified, and make his 
objections. The city council shall have power to supply 
omissions in said assessment lists, and, lor the purpose of 
equahzing the same, to alter, add to, take from, and other- 
wise correct and revise the same, or to refer the same back 
to the assessor, with instructions to correct and revise the 
same. 

§ 3. AVhen the assessment lists have been corrected and "Assessment 
revised, the same shall be filed, and an order confirming the ^^^^^ ^^^^' 
same and directing the warrant to be issued for the collec- 
tion thereof shall be entered by the register. The city 
council shall thereupon, by an ordinance or resolution, levy 
such sum or sums of money as may be sufficient for the 
several purposes for which taxes are herein authorized to be 
levied, not exceeding the authorized per centage, particularly 
specifying the purposes for which the same are levied, and 
if not for general purposes, the division of the city upon 
which the same are laid. 

^ 4:. All ta;xes and assessments, general or special, levied Assessments a 
or assessed by the city council under this act, or any ordi- lien, 
nance in pursuance thereof, shall be a lien upon tne real 
estate upon which the same maybe imposed,' voted or as- 
sessed for two years from and after the corrected assess- 
ment lists shall be confirmed, or the passage of the order for 
assessment, and on jDcrsonal estate, from and after the de- 
livery of the warrant for the collection thereof until paid, 
and no sale or transfer shaU aflect the hen. Any personal 
property belonging to the debtor may be taken and sold for 
the payment of taxes on real or personal estate, and the real 
estate shall be hable for the taxes on personal estate in- case 
of removal, or when the tax cannot be made out of the per- 
sonal estate, in the same manner as is prescribed by the laws 
of the state : Provided^ that in case the collecLioii of any 
assessment shall be delayed by injunction, or other judicial 
proceedings, the same shall continue a hen, unless set aside, 
upon the real estate, for the period of two years from and 
after the final disposition of such injunction or other judi- 
cial proceeding. 

§ 5. The register shall issue a warrant or warrants for i^sue wan 
the taxes, and rule therein separate columns, in which the ^^^ taxes. 
taxes levied shall be respectively set down opposite the 
name of the person or such real estate subject thereto. 
Each column shall be headed with the name of the tax 
therein set down. 



aiits 



102 



CITIES. 



^Varrants sigu- § 0. All waiTaiits issued for the collection of general or 
=! by mayor, gpecial taxcs and assessments shall be signed by the major 
and reo'ister, with the corporate seal thereto attached, and 
shall contain true and perfect copies of the corrected assess- 
ment lists, npon which the same may be issned. They shall 
be delivered to the collector for collection within thirty days 
after the tiling of the corrected lists, unless further time for 
this purpose shall be given by the city council. If not other- 
wise paid, the collector shall have power to collect said 
taxes, with interest and costs, by suit in the corporate name, 
or by distress and sale of personal property as aforesaid, 
alter a demand and refusal' to pay the same: Provided^ 2. 
notice, published by the collector for ten days in the news- 
paper printing the ordinances of the city, shall be deemed a 
demand, and a neglect to pay taxes lor twenty days there- 
after shall be deemed a refusal. The assessor's list shall, in 
all cases, be evidence on the part of the city corporation. 
Collector co^- § '^- ^^ ^^-^^^ and assessments, general or special, shall 
lect taxes. be coUcctcd by the collector in the same manner and with 
the same power and authority as is given by law to collec- 
tors of county and state taxes. He shall pay the same as 
fast as collected into the city treasury, and his duty in re- 
gard to retm-ning warrants and settling with the city, and 
his liabilities, in case of default or misconduct, shall be the 
same as prescribed by law : Prmiided^ the city council shall 
have the powers, duties and liabilities of collectors by ordi- 
nance. 
Non-paymeut. § S. Whenever the city council shall by ordinance, reso- 
lution, or other proceeding, in conlbrmity with and by virtue 
of this act, levy any tax, either for general or special j^ur- 
poses, or make any assessment on any lot, ground or real 
estate, for the purpose of improving any street, sidewalk or 
alley, or for grading any lot or real estate, and such tax or 
taxes shall not be paid within the time lixed by ordinance, 
the collector shall give thirty days' notice by advertisement 
in the newspaper publishing the city ordinances, that he mil 
apply to the county court of St. Clair county, for the pur- 
pose of obtaining a judgment against such delinquent lot or 
parcel of real estatej for the amount of taxes or assessments 
and costs due and unpaid ; and the county court shall hear 
and determine said application and render judgment against 
said delinquent real estate in the same manner, and said 
judgment shall have the like etfect as though said delin- 
quent list had been returned to the county court by the 
sherift' or collector of the county in the collection of state 
and county taxes, and the county court shall issue its pre- 
cepts or order to the collector of the city, directing him to 
sell said real estate at pubUc auction, to pay said delinquent 
taxes, assessments and costs. The city council shall have 
full power to adopt any regulation or proceeding they may 
deem necessary to carry this section into effect, and to fix 



CITIES. 



lOS 



the time of said application to the coimty court and the time 
and phice of the sale of said real estate. 

§ 10. All sales shall be conducted in the manner required Sale for taxes, 
by law, but the city council shall have power to prescribe 
the manner of conducting the same. The sale shall be made 
for the smallest portion of ground, to be taken from the east 
side of the premises, for which any person will take the same, 
and pay the taxes or assessments thereon, with interest and 
costs of sale. Duplicate certificates of sale shall be made 
and subscribed by the collector, one of which shall be de- 
livered to the purchaser, and the other filed in the office of 
the register, which certificate shall contain the name of the 
purchaser, a description of the premises sold, the amount of 
taxes or assessments, with the interest and expenses for 
which the same was sold, and the time when the right to 
redeem will expii'e. The collector shall be allowed the same 
fees for selling as are allowed by law for similar services, or 
his fees may be regulated by ordinance. The register shall 
keep a record of such sales, which shall be open to public 
inspection at all reasonable times. 

§ 11. The right of redemption in all cases of sales for Redemption, 
taxes or assessments, shall exist to the owner, his heirs, 
creditors, or assigns, to tlie same extent as is allowed by law 
in cases of sales of real estate for taxes, on the payment in 
specie of double the amount for which the same was sold, 
and all taxes accruing subsequent to the sale, with interest. 
If the real estate of any infant, feme covert^ or lunatic, be 
sold under this act, the same may be redeemed at any time 
within one year after such disability is removed. In case of 
redemption, the money may be paid to the purchaser, or for 
liim to the city register, who shall make a special deposit 
thereof with the treasurer, taking his receipt therefor. If 
not redeemed according to law, the city council shall, upon 
the return of the certificate, or proof of its loss, direct a deed 
to be executed to the purchaser, under the corporate seal, 
signed by the mayor or presiding officer of the city council, 
and countersigned by the register conveying to such pur- 
chaser the premises so sold and unredeemed as aforesaid. 
An abstract of all deeds so made and delivered shall be en- 
tered by the register in the book wherein tax sales are re- 
corded. A fee of one dollar may be charged by the register 
for any deed so issued. 

§ 12. The assignee of any tax certificate of any premises Deed, 
sold lor taxes or assessments, under authority of the city, 
shall be entitled to receive a deed of such premises, in his 
own name, and with the same efiect as though he had been 
the original pm-chaser. 

§ 13. If at any sale of real or personal estate for taxes 
or assessments, no bid shaU be made for any parcel of land, 
or any goods and chattels, the same shall be struck ofiF to 
the city, and thereupon the city shall receive, in the corpo- 



i04 CITIES. 

rate name, a certificate of the sale thereof, and shall be 
vested with the same rights as other purchasers at snch 
sales. 

§ 14. All deeds made to purchasers of lots sold for taxes 
■ ^^^^^^'"^"^^ Qj. assessments, by order of the citj council, shall be prima 
facie evidence in all controversies and suits in relation to 
the right of the purchaser, his heirs or assigns, to the pre- 
mises thereby conveyed, of the following facts: 

jr-lrst. — That the land or lot conveyed was subject to 
taxation or assessment at the time the same was advertised 
tbr sale, and had beeii listed and assessed in the time and 
manner required by law. 

Second.— T\i?ii the taxes or assessmeijts were not paid at 
any time before the sale. 

Third.^Th^i the land conveyed had not been redeemed 
Irom the sale at the date of the deed, and shall be conclusive 
evidence of the following facts: 

i^^>6-^.— That the land or lot was advertised for sale i\\Q, 
length of time and in the manner required by law. 

Second. -^T\\2i the land was sold for taxes or assessrnents, 
as stated in the deed. 

T/tirt?.— That the grantor in the deed was the purchaser. 

i^cwr^A.— That the sale w^as conducted in the manner 
required by law; and in all controversies and suits involving 
the title to land claimed and held under and by virtue of 
such deed, the person or persons claiming title adverse to 
the title conveyed by such deed, shall be required to prove, 
in order to defeat the said title, either that the land was not 
subject to taxation at the date of the sale, that the taxes or 
assessments had been paid, that the said land had never 
been listed or assessed for taxation or assessment, or that 
the same had been redeemed according to the provisions of 
the act, and that such redemption w^as made for the use and 
benefit of the persons having the right of redemption under 
the laws of the state; but no person shall be permitted to 
question the title acquired by the said deed, without first 
showing that he, she or they, or the person under whom he, 
she or they claim title, had title to the land at the time of 
the sale, or that the title w*as obtained from the United 
State or this state, after the sale, and that all taxes due upon 
tlie lands have been paid by such persons or the person 
under whom he claims title as aforesaid. 

Article X. 

Wooden build. § 1- "^^^ city council, for the purpose of guarding against 
ings. the calamities of fire, shall have power to prohibit the erec- 

tion, placing or repairing of wooden buildings, within the 
limits prescribed by them, without their permission, and 
direct and prescribe that all buildings within the limits 
prescribed shall be made or constructed of fii-e-proof mate- 



CITIES. 105 

rials, an J to prohibit the rebuilding or repairing of wooden 
buildiniN within the lire limits, when the same shall have 
been d^ luiged to the extent of hfty per cent, of the value 
thereotl, and to prescribe the manner of ascertaining such 
damage. To declare all dilapidated buildings to be nuisan- 
ces, and to direct the same to be repaired, removed or aba- 
ted in sich manner as thej shall prescribe and direct; to 
declare all wooden buildings within the lire limits, which 
they may deem dangerous to contiguous buildings, or in 
causing or promoting tires, to be nuisances, and to require 
and caute the same to be removed or abated in such manner 
as they -hall prescribe. 

§ 2. The city council shall have power— 

First. — To regulate the construction of chimneys and chimneys, 
flues so as to admit of chimney sweeps, or other mode of 
cleaning, and to compel the sweeping and cleaning of 
chimneys. 

Second. — To prevent and prohibit the dangerous construc- 
tion and condition of chimneys, flues, flre-places, stove pipes, 
ovens, or any other apparatus used in or about any building 
or manufactory, and to cause the same to be removed or 
placed in a secure and safe condition, and to cause such as 
may be dangerous to be put in sate condition. 

Third. — To prevent the deposit of ashes in unsafe places, Ashes, &c. 
and to appoint one or more officers to enter all buildings and 
inclosures, to examine and discover whether the same are in 
a dangerous state, and to. cause such as may be dangerous to 
be put in safe condition. 

Fourth. — To require the inhabitants to provide as many yitq buckets, 
lire buckets, and in such manner and time as they shall 
prescribe, and to regulate the use thereof in times of iii'e, 
and to require all owners and occupants of buildings to 
construct and keep in repair wells or cisterns upon their 
premises. 

Fifth. — To regulate and prevent the carrying on of manu- 
factories and works dangerous in promoting or causing 
lires. 

Sixth. — To regulate, prevent and prohibit the use of fire- 
works and lire-arms. 

Severah. — To direct and prohibit the management of Gunpowder, Ac 
houses for the storing of gunpowder, and other combustible 
and dangerous materials, within the city; to regulate the 
keeping and conveying of the same, and the use of candles 
and other lights in stables and other like houses. 

Eighth. — To regulate and prescribe the manner, and order 
the bmlding of parapet and partition walls and of partition 
fences. 

Ninth. — To compel the owners or occupants of houses or 
other buildings to have scuttles in the roofs, and stairs or 
ladders leading to the same. 
— H 



106 CITIES. 

Authority of Tenth. — To antliorize the mayor, fire wardens or other 
other'^Scei's officers of saicl cit}^, to kee]3 away from the vicinity of any 
in case of fire, fij-e all icllc and suspicioiis persons, and to compel all oflicers 
of the city, and all other persons, to aid in the extinguish- 
ment of tires, and in the preservation of property exposed 
to danger thereat, and in preventing goods from being 
stolen. 

Eleventh. — And generally to establish such regulations 
for the prevention and extinguishment of fires as the city 
council may deem expedient. 

Fire engines, § 3. The city council may procure fire engines, and all 
other apparatus used for the extinguishment of fires, and 
have the charge and control of the same, and provide fit and 
secure houses and other places for keeping and preserving 
the same ; and shall have power — 

First. — To organize fire, hook, hose, axe and ladder com- 
panies. 

Second. — To appoint, during their pleasure, a competent 
number of able and reputable inhabitants of the city firemen, 
to take care and have the management of the engines and 
other apparatus and implements used and provided for the 
extinguishment of fires. 

Prescribe the Third. — To prescribe the duties of firemen, and to make 

duties of fire- rules and regulations for their government, and to impose 
reasonable penalties upon them for a violation of the same, 
and for incapacity, neglect of duty or misconduct, to remove 
them. 

Engineers. Fourth. — The city council shall have power to appoint a 

cbief and assistant engineers of the fire department, and 
they, w^ith the other firemen, shall take the care and manage- 
ment of the engines and other apparatus and implements 
provided and used for the extinguishment of fires, and their 
powers and duties shall be prescribed and defined by the 
city council. 

Firemen to be § 4. The members of the city council and firemen shall, 
exenipt from durino; their terms of service as such, be exempted from 

serving as ju- • " • • • xt, -^• i-- i • ^i i. i. 

rors, &c. serving on juries, m the militia, or working on tne streets, 
or paying tax for the same. The name of each fireman 
shall be registered with the register of the city, and the 
evidence to entitle him to the exemption provided in this 
section, shall be the certificate of the register, under the 
corporate seal, for the year for which exemption is claimed. 

Article XL 

Health com- § ^- "^^^ board of health shall consist of one aide man 

missioners. from each ward, to be appointed, annually, by the mayor; 

and the mayor, or presiding officer of the city council, shall 

be president of the board, and the city register shall be their 

clerk, and keep minutes of its proceedings. 



CITIES. 107 

I 2. It shall be the duty of health officers to visit every Duty, 
sick person who may be reported to them as hereinafter 
provided, and to report, with all convenient speed, their ^ 

opinion of the sickness of such person to the clerk of the 
board, and to visit and inspect all houses or places in which 
they may suspect any person to be confined with any pesti- 
lential or infectious disease, or to contain unsound provisions, 
or damaged or putrid animal or vegetable matter, or other 
unwholesome articles, and to make report of the state of 
the same, with all convenient speed, to the clerk of the 
board. 

§ 3. All persons in the city, not residents thereof, who Removal of dis- 
may be infected with any pestilential or infectious disease, ^'^^^"'^ persons, 
or all things which, in the opinion of the board, shall be 
infected by or tainted with pestilential matter, and ought to 
be removed, so as not to endanger the health of the city, 
shall, by order of said board, be removed to some proper 
place, not exceeding five miles beyond the limits of the city, 
to be provided by the board, at the expense of the person 
removed^ if able; and the board may order any furniture 
or weariiig apparel to be destroyed, wdienever they may 
deem it necessary for the health of the city, by making just 
compensation. 

§ 4. The city council shall have power to pre^ribe the Prescribe pow- 
powers and duties of the board of health, and to punish, by ofthTcomm^ 
fine or imprisonment or both, any refusal or neglect to obey sioners. 
the orders and regulations of the board. 

§ 5.. The health officers may be authorized by the city 
council, when the pubhc interests requires, to exercise, for 
the time being, such powers, and perform such of the duties, 
of the marshal or supervisor, as the city council may, in 
their discretion, direct, and shall be authorized to enter all 
houses and other places, private or public, at all times, in 
the dischai'ge of any duty under this act,' or any ordinance. 

§ 6. Every person practicing physic in this city, who Physicians u 
shall have a patient laboring under any malignant, infectious ^^^^ report, 
or pestilential disease, shall forth Vv^ith make report thereof, 
in writing, to the clerk of the board, and tor neglect to do 
so shall be considered guilty of a misdemeanor, and liable 
to a fine of fifty dollars, to be sued for and recover-ed, with 
costs, in an action of debt, in any court having cognizance 
thereof, or before a justice of the peace, for the the use of 
the city. 

Arucle XIII — Miscellaneous Provisions. 

§ 1. The city council shall, at least ten days before the Publish state- 
annual election in each year, cause to be published in the ment. 
newspaper publishing the ordinances of the city, a correct 
and full statement of the receipts and expenditures from 
the date of the last annual report, together with the sources 



108 CITIES. 

from whence the former are derived, and the mode of 
disbursement, and also a distinct statement of the whole 
amount assessed, received and expended in the respective 
wards and divisions, for making and repairing streets, high- 
ways and bridges tor the same period, together with such 
information as may be necessary to a full understanding of 
the financial concerns of the city. 

Exempt from g 2. The inhabitants of the city of Belleville are hereby 

road labor, g^empt from working upon any road or highway beyond 
the limits of the city, and from paying the tax in lieu thereof 
without said limits. 

§ 3. The street inspector shall demand the services of all 
persons who are required to labor on the streets and alleys 
of the city, at such time and place, and in such manner, as 
the city council may direct or the inspector shall deem 
necessary. He shall deliver, or cause to be delivered or left 
at the usual place of abode or business of any person so 
required to labor as aforesaid, a written or printed notice, 
or partly written or printed notice, in such form as the city 
council shall prescribe; which notice shall be given at least 
live days previous to the first day on which he or they are 
required to labor, requiring such person to appear at such 
time and place as may be designated, tor the purpose of 
laboring upon the streets and alleys. But a similar notice, 
published for ten days in the newspaper publishing the 
ordinances of the city, by the inspector, or posted in 
three of the public places of the ward or district, shall be 
deemed a sutiicient notice to require all persons to appear 
and labor as aforesaid. Upon the neglect of any person to 
appear and labor as aforesaid, or to pay the tax in lieu 
thereof, the collector shall collect from each person, in the 
same manner as other taxes, the sum of three dollars, with 
his commission for collecting the same added thereto. 

Fines, &e. § 4. All tines, forfeitures and penalties collected for of- 

fences committed within the city shall be paid into the trea- 
sury of said city by the officers collecting the same, and all 
lines and forfeitures collected of any citizen of said city for 
any conviction in the circuit cornt, shall be paid over in like 
manner. 

Richland creek § 5. The water course known as Eichland creek in said 
city, or any natural branch leading thereinto, shall not be 
filled up, altered or changed, except in the manner prescribed 
by the city council ; and the city council shall have power to 
establish and direct, and prescribe the manner of altering, 
changing and straightening, and to wall, fill up, culvert or 
sewer the same. 

Numbering § 6. The city council shall have power to cause the blocks 

lots. " and lots of the city to be surveyed, platted and numbered 

in consecutive numbers from one upwards, and to designate 

and number all fractional or other lots or blocks in such 

manner as they may prescribe by ordinance, and such plat, 



CITIES. 1 OP 

designation and nnml)ers, when made and dnly recorded, 
shall be a good and valid description of said blocks and lots 
or fractional blocks and lots. To establish, mark and de- 
clare the boundaries and names of streets and alleys; to re- 
quire that all additions hereafter made to said city, or all 
iands adjoining or within the same, laid out into blocks or 
lots, shall be so laid out and platted as to correspond and 
conform to the regular blocks, streets and alleys already laid 
out and established within the city. 

§ 7. The city council shall^ in all expenditures for pur- Expenditure?, 
poses strictly local, expend annually, in the several natural 
divisions of the city, such, proportion, as near as may be, of 
the whole expenditures for like purposes during tlie same 
period, as will correspond to the several sums contributed 
by each division to the general fund ; street taxes shall be 
expended in the several wards or districts where the per- 
sons paying the same may respectively [reside.] 

§ 8. ' The street inspector, in addition to the penalties ^'enaitv of in> 
prescribed by ordinance, shall, for willful neglect of duty, ^P^^ ■^''• 
be liable to indictment and fine, in the same manner as su- 
pervisors under the state laws. 

§ 9. iS^either the city council or mayor shall remit any Remittanpc of 
fine or penalty imposed upon any person for a violation of 
any laws or ordinances of said city, or release from coniine- 
ment, unless two-thirds of all the aldermen elected shall vote 
for such release or remission; nor shall anything in this act 
be so construed as to oust any court of jurisdiction to abate 
and remove nuisances within its jurisdiction, by indictment 
or otherwise. 

§ 10. jSo vote of the city council shall be reconsidered "^ote of- -ity 
or rescinded at a special meeting, unless the meeting be call- ^''""^' * 
ed in vrhole or in part for that purpose, and the aldermen be 
notified, and unless at such special meeting there be present 
as large a number of aldermen as were present wlien the 
vote was taken. 

§ 11. Every ordinance, regulation and by-law imposing ordinances 
any penalty, fine, imprisonment, or forfeiture for a violation ^ be published, 
of its provisions, shall, after the passage thereof, be publish- 
ed once in the newspaper publishing the ordinances of the 
city, and proof of such publication, by the afiidavit of the 
printer or publisher of such newspaper, taken before any 
officer authorized to administer oaths, and filed with the 
register, or any other competent proof of such publication, 
shall be conclusive evidence of the legal publication and pro- 
mulgation of such ordinance, regulation or by-law in all 
courts and places. 

§ 12. The cemetery lots which may be laid out and sold Cemetery. 
by the city or private persons, for private places of burial, 
shall, with the appurtenances, forevei* be exempt from exe- 
cution and attachment. 



.110 



CITIES, 



Snits brought 
in name of 4\ 
city. 



First process. 



Executions. 



Pfualty, 



IVeeliolders 
not exempt 
as judges, &c. 



Ordinances 
force. 



Suit*- 



Property. 



§ 13. All actions brought to recover any 2:>enalty or for-- 
feitnre incurred under this act, or any ordinance, by-law or' 
police regulation made in pursuance thereof, shall be 
l3ronght in the corporate name. It shall be lawful to de- 
clare" generally in debt, for such penalty, fine or forfeiture, 
stating tli€ clause of this act or the by-law or ordinance un- 
der which the penalty or forfeiture is claimed, and to give 
the special matter in '^evidence under it. 

§ 14. In all prosecutions for any violation of any ordi- 
nance, by-law or other regulation j the first process shall be 
a summons, unless oath or afhrmation be made for a war- 
rant, as in other cases. 

§ 15. Execution may be issued immediately on rendi- 
tion of judgnxent. If the defendant has no goods or chattels 
or real estate,- within the county of St. Clair, whereof the 
judgment can be collected, the execution shall require the 
defendant to be confined in the county jail or work-house or 
city prison, for a term of not exceeding six months, in the 
discretion of the court rendering judgment; and all persons 
who may be committed under this section shall be confined 
one day for each one dollar ot such judgment and costs. All 
expenses incurred in any prosecution for the recovery of any 
fine, penalty or forfeiture, when collected, shall be paid into 
the city treasury. 

§ 16. Any person who shall injure or destroy any bridge 
or any public building or other property belonging to the 
city, or shall cause or procure the same to be injured or de- 
stroyed, shall be subject to a penalty not exceeding five hun- 
dred dollars for such offence, to be recovered by the city in 
an action of debt, and may be imprisoned not exceeding six 
months, in the discretion of the court before whom such con- 
viction may be had, and such person shall also be liable in 
a civil action at the suit of the city, for the damages occa^ 
sioned by such injury or destruction.- 

§ 17. No person shall be an incompetent judge, justice^ 
witness or juror, by reason of his being an inhabitant or free^ 
holder in the city of Belleville, in any action or proceeding 
in which said city may be a party in interest. 

§ 18. Ail ordinances, regulations, and resolutions now in 
force in the city of Eelleville, and not inconsistent with this 
act, shall remain in force under this act until altered, modi-= 
hed or repealed by the city council after this [act] shall take 
eflect. 

§ 19. All rights, actions, fines, penalties, and forfeitures 
in suit or otherwise, which have accrued under the several 
acts consolidated herein, shall be vested in and prosecuted 
by the corporation hereby created. 

§ 20. All property, real personal or mixed, belonging to 
the city of Belleville, is hereby vested in the corporation 
created by this act, and the ofhcers of said corporation now 
in office shall respectively continue in tlie same, until su- 



CITIES. Ill 

perseded in conformity to the provisions hereof, but shall be 
governed by this act, which shall take eflect from and after 
its passage. 

§ 21. All ordinances of the city, when printed and pub- Published or- 
lished by authority of the city council, shall be received in ^^^i^^^^^- 
all courts and places without further proof. 

§ 22. The style of all ordinances shall be, "Be it ordain- Style. 
ed by the City Council of the City of Belleville." 

§ 23. Any tract of land adjoining said city which may 
be laid ofF into blocks or lots, and duly platted according to 
law, and any tract of land adjoining the city, with the con- 
sent of the owner thereof, shall and may be annexed to said 
citv, and Ibrm a part thereof. 

§ 2i. This act shall not invalidate any legal act done by This act not to 
the city council of the city of Belleville, or by its officers,^ oT d\r co^uV- 
nor divest their successors under this act of any rights of cU. 
property or otherwise, or liability which may have accrued 
to or been created by said corporation prior to the passage 
of this act. 

§ 25. The city council shall have power to require the Police magis- 
police magistrate to report and settle quarterly, or olfener, ^^^^*' 
and to conform to the ordinances and resolutions passed from 
time to time. 

§ 26. The police magistrate and all other officers of the Fees, 
city shall not be entitled to receive any fees from the city 
when from any cause the city shall be unsuccessful in the 
j)rosecution of any action, or should be unable to collect any 
tine and costs, or until the money has been collected by the 
officer authorized to collect the same. 

§ 27. All officers of the city created conservators of the Breakers of 
peace by this act, or authorized by any ordinance, shall have p^^^^- 
power to arrest or cause to be arrested, with or without pro- 
cess, all ]3ersons who shall break the peace, or threaten to 
break the peace, or be found violating any ordinance of this 
city, commit for examination, and, if necessary, detain such 
person in custody over night, or the Sabbath, in the watch 
house, or other safe place, or until they can be brought be 
fore a magistrate, and shall have and exercise such other 
powers as conservators of the peace as the city council may 
prescribe. 

§ 28. Xothing in this act shall be so construed as to de- ^^^f^^j.^^^^fore' 
prive the city council of said city of any powers or authority 
conferred upon the same by the act incorporating said city, 
and the various acts amendatory thereto ; but the city coun- 
cil shall possess and enjoy all the powers and authority here- 
tofore conferred upon the same, except so far as such powers 
and authority are expressly modiiied or repealed by this act, 
or the acts heretofore mentioned. 

§ 29. There shall be a digest of the ordinances of the digest of ordi- 
city, which are of a general nature, published within one ^^^^^- 



112 



CiflES. 



year after the passage of tliis act, and a like digest witliin 
every period of five years thereafter. 

§ 30. This act shall be deemed a public act, and may be 
read in evidence w^ithout proof, and judicial notice shall be 
taken thereof in all courts and places, and shall take effect 
from and after its passage. 

.APPROVED Febriiai^y 18, 1859. 



oI^iQ-a ^ ^^ ^^^ ^^ amend the several acts amendatory of the city charter of the city of 



24. 1859. 



Bloomington. 



Tiunds. 



Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in {the] General Assembly^ That an act 

Act repealed, approved February IGtli, 185T, extending the corporate 
limits of the city of BloomingtoUj for the purpose of giving 
said city jurisdiction over a part of Sugar creekj be and the 
same is hereby repealed. 

^ines. § 2. That hereafter all fines and forfeitures collected for 

penalties incurred within the incorporated limits of the said 
city of Bloomington shall be paid into the treasury of said 
city by the officers collecting the sanie. 

§ 3. That the city council of said city of Bloomington 
are hereby authorized to issue bonds to the sum of fifteen 
thousand dollars, beai'ing six, eight or ten per cent, interest, 
payable from one to hfteen years, for the purpose of aiding 
in building a market house for said city: Provided., that at 
an election ordered by the council of said city for tiiat pur- 
pose a majority of the legal voters of gaid city shall be in 
favor of the same. 

§ 4. That for the purpose of aiding in constructing side- 
walks, grading and paving or planking the streets of said 
city, it shall be lawful for the city council of said city to levy 
the amount of the expense of such construction of side-walks, 
grading, paving or planking as a tax upon the lots and 
grounds adjoining said construction of side-walks, grading, 
paving or planking, and to be levied and collected in the 
same manner as other city taxes of said city are levied and 
collected. 

Act repealed. g 5. And whereas it has been urged that an act passed 
February 10th, 1857, entitled "An act to givetmiform organ- 
ization and jurisdiction to inferior courts of local jurisdiction 
in the cities in this state," repealed the law of Februai-y 
27th, 1854, establishing police magistrates' courts, that the 
said act of the 10th of February, 1857, first above men- 
tioned, so far as it may refer to the city of Bloomington, is 
hereby repealed, and the law of the 27th February, 1854:^ 
establishing police magistrates' courts, be re-affirmed and in 



f-1 de-walks. 



CITIES J 113 

force in the city of Bloomington, as if the same had not been 
repealed. 

§ 6. That the city council of the city of Bloomington is Police magis- 
hereby authorized and empowered to elect a police maiiis- ^''^^'■'• 
trate, at any regular meeting of said city council, after the 
passage of this act. Said [appointee] to hold said othce 
until the first regular city election in said city, in the year of 
our Lord 18G2, at which time his successor shall be elected ; 
and said city council is hereby empowered to fill all vacan- 
cies which may occur in said oifice until the first regular city 
election shall be held in said year of 1862. 

§ Y. In suits instituted by the city of Bloomington, for Change of ve^ 
the violation of the ordinances of said city, change of venue 
shall in no case be allowed from the police magistrate of 
said city. 

§ 8. This act shall take efiect froln and after its passage. 

Approved February 21, 1859. 



A^^ ACT to amend the charter of the citv of Cairo, In force Feb'y 

11, 1859. 

Section 1. Be it enacted hj the People of the State of 
Illinois, represented in the General AssemUy, That the limits Limits extend- 
of the said city of Cairo shall be so extended as to embrace ''^• 
all that district of country, in the county of Alexander, in 
township 17 south, and range 1 west, situated south and east 
of the south line produced of sections 14 and 15, in said 
township, and between the main channels of the Ohio and 
Mississippi rivers, to their point of junction; and the said 
district, being fractional sections 22, 23, 24, 25, 20, 27, 35 
and 36, in said township, and the territory between said 
fractional sections and the middle of the main channel of 
the Ohio ^nd Mississippi rivers, shall be included within the 
limits and jurisdiction of said city, and be subject to its or- 
dinances, laws and regulations. 

§ 2. So much of section 1, article 5, of said charter as Amendment, 
provides that no sum or sums of money shall be borrowed 
at a greater rate of interest than six per cent, is hereby re- 
pealed, and the city council of said city shall have the power 
to borrow such sums of money as they are now authorized 
to borrow, at any legal rate of interest not exceeding ten 
per cent. 

§ 3. Section 5, of article 5, of said charter is hereby Amendment. 
amended by striking out the words "by the board." 

§ 4. Section 6, of article 5, of said charter is hereby Amendment, 
amended by adding the words "where an appropriation of 
money is made" after the words "in all cases," so that said 
section 6 of said article 5, shall read as follows, y'iz: "In all 



iu 



CITIES. 



Exemptiou. 



Vagrants. 



cases wliere an appropriation of money is niade>i tlie vote 
shall be taken by yeas and nays and entered on tlie journal 
of the board." 

§ 5. The real and personal estate in the said city shall be 
hereafter exempt from taxation for county purposes. 

§ 6. The city council of the citj of Cairo shall have 
power and authority to restrain and punish vagrants, men- 
dicants, street beggars and all other persons offending against 
the public health, morality and police of said city. 

§ 7. This act shall be in force from and after its passage* 

Approved February 11, 1859. 



In force Feb'y 
18. 1859. 



Limits. 



Additions. 



jreneral 
ers. 



povy- 



AN ACT to incorporate the city Cf Centralia. 

Article I. — Of Boundaries. 

Section 1. jBe it enacted hy the Ir^ople of the State of 
Illinois,^ Tejyresented in the General Assembly^ That the in- 
habitants of the town of Centralia, in Marion county, be 
and are hereby constituted a body politic and corjDorate, by 
the name 'and style of the " City of Centralia ;" and by that 
name shall have perpetual succession, may sue and be suedj 
plead and be impleaded, in all courts of law and equity ; 
and may have and use a common seal, and alter the same at 
pleasure. 

§ 2. All that territory embraced wdthin the following 
limits, to wit : The south half of section seven (7), the south- 
west quarter of section eight (8), all of section eighteen (18), 
the west half of section seventeen (17), the northwest quar- 
ter of section twenty (20), and the north half of section 
nineteen (19), in township one (1) north, of range one (1) 
east of the third (3) principal meridian, ^shall be and is hereby 
declared to be within the limits of the city of Centralia. 

§ 3. "Whenever any tract of land, adjoining the city of 
Centralia, shall be laid'^off into town lots and duly recorded, 
as required by law, the same shall be annexed to and form 
part of the city of Centralia ; and all parcels of land within 
the city boundaries that are in extent five acres and over 
shall be exempt from taxation for city revenue until the 
same shall be subdivided into lots of less than five acres, 
and each lot, when so divided, shall be taxed as other city 
lots. 

§ 4. The inhabitants of said city, by the name and style 
aforesaid, shall have power to sue and be sued, to plead and 
be impleaded, to defend and be defended, in all courts of 
law and equity and in all actions whatever; to hold, pur- 
chase and receive property, both real and personal, in said 



CITIES. 115 

city ; to purchase, receire and hold property^ both real and 
personal, beyond the city, for burial pnrposes and for other, 
purposes, lor the use of said inhabitants of said city ; to 
sell, lease and convey or dispose of property, and do all 
other things in relation thereto as natural persons. 

Article 11.— Of the City Council. 

§ 1. There shall be a city council, to consist of a mayor Council. 
and board of aldermen. 

§ 2. The board of aldermen shall consist of two mem- Board of alder* 
bers from each ward, to be chosen by the qualified voters ™^°' 
for two yeai s and until others shall be legally qualified. 

§ 3. Xo person shall be an alderman unless at the time Eligibility, 
of his election he shall be a freeholder in said city, and shall 
have resided within the limits of the city one year immedi- 
ately preceding his election, and shall have the requisite • - 
qualifications to vote for state ofiicers, be a resident of the 
ward for which he is elected and a citizen of the United 
States. 

§ 4. If any alderman shall, after his election, remove Vacancy^ 
from the ward for which he is elected, or ceases to be a free- 
holder in said city, his ofiice shall be declared vacated. The 
mayor and aldermen shall serve, without compensation from 
the city funds, until there shall be five thousand inhabitants 
in said city ; and when the population shall exceed five 
thousand, the mayor shall receive such compensation as the 
city council shall determine, not to exceed two hundred dol- 
lars per annum. 

§ 5. At the first meeting of the city council the alder- classes. ^ 
men shall be divided, by lots, into two classes ; the seats of 
the first class shall be vacated at the expiration of the first 
year, and of the second class at the end of the second year, 
so that one half the board shall be elected annually. 

§ 6. Th.e city council shall judge of the qualifications, Qualifications, 
elections and returns of their own members, and shall de- 
termine all contested elections under this act. 

§ T. A majority of the city council shall constitute a Quorum, 
quorum to do business, but a smaller number may adjourn 
from day to day, and compel the attendance of absent mem- 
bers, under such penalties as may be prescribed by ordi- 
nance. 

§ 8. The city council shall have power to determine the Rules, 
rules of its own proceedings, punish its members for disor- 
derly conduct, and, rritli the concurrence of two-thirds of the 
members elected, expel a member. 

§ 9. The city council shall keep a jom-nal of its proceed- Journal 
ings, and, from time to time, publish the same ; and the yeas 
and nays, when demanded by any member present, shall be 
entered upon the journal. 



116 



CITIES. 



Prohibition. § 1^' ^<^ alderman sliall be appointed to any office un- 

der the autliority of the city, that shall have been created, 
or the emoluments of which shall have been, increased dur- 
ing the time for which he shall have been elected ; nor shall 
he be engaged in any contract with said corporation, while 
serving as such alderman. 

Vacancies. § 11- All vacancics that shall occur in the board of 

aldermen shall be filled by election. 

Q^^}^ § 12. The mayor and each alderman, before entering 

upon the duties of their office, shall take and subscribe an 
oath, or make affirmation, that they will support the consti- 
tution of the United States and of this state, and that they 
will well and truly perform the duties of their office, to the 
best of their skill and ability. 

Tie § 13. Whenever there shall be a tie in an election of 

aldermen, the judges of election shall certify the fact to the 
mayor, who shall determine the same, by lot, in such man^ 
ner as shall be provided by ordinance. 

Meetings. § 14. There shall be twelve stated meetings of the city 

council in each year, at such times and places as may be 
prescribed by the city council. 

Article III.— -6^" the Chief Executive Office. 



Mavor. 



EUffibililv. 



Removal. 



Tie. 



Contest. 



Vacancy. 



§ 1. The chief executive officer of the city shall be a 
mayor, who shall be elected by the qualified voters of the 
city, and hold his office for one year and until his successor 
shall be elected and qualified. 

§ 2. Iso person shall be eligible to the office of mayor 
who shall not have been a resident of the city for one year 
next preceding his election, or wdio shall be under twenty- 
one years of age, or who shall not at the time of hie election 
be a citizen of the United States and a freeholder. 

§ 3. If any mayor, during the time for which: he shall 
have been elected, remove from the city, or shall be absent 
from the city for the space of six months, his offi.ce shall be 
vacated. 

§ 4. When two or more jDcrsons shall have an equal 
number of votes for mayor, the judges of election shall cer- 
tify the same to the city council, wlio shall proceed to deter- 
mine the same, by lot, in such manner as may be deter- 
mined by ordinance. 

§ 5. Whenever an election of ma^'or shall be contested, 
the city council sliall determine the same, as may be pre- 
scribed by ordinance. 

§ 6. Whenever any vacancy shall happen in the office 
of mayor, it shall be filled by election. 



'~ CITIES. 117 

Article IY. — Of Elections. 

§ 1. On the second Monday of March next, an election Election, 
shall be held in each ward of the city for one mayor and 
one marshal, one street commissioner, one city surveyor, one 
treasurer and assessor, one police magistrate for the city, 
two aldermen for each ward; and forever thereafter, on the 
second Monday of March in each year, there shall be an 
election for one mayor, one marshal, one street commission- 
er, one city surveyor, one treasurer and at^bcssor for the city 
and one alderman for each ward. 

§ 2. A. II. Seley, J. G. Cormick, Wm. E. Melveny, M. Board of trus- 
C. Kell and Hugh Parkinson shall constitute a board of *^®*' 
trustees of said city of Centralia, and immediately after the 
adoption of the charter by the citizens, shall divide the city 
into three wards, by lines running east and west, describing 
particularly the boundaries of each ward ; the wards to be 
as nearly equal in population as practicable. The said trus- 
tees shall, by ordinance, provide lor the hrst election of all 
the officers to be elected under this act; shall canvass the 
votes and declare who are duly elected, and make return of 
the election to the clerk of the county com-t and to the 
secretary of state, of the election of mayor and of police 
magistrate, in the same manner that returns are made of the 
election of justices of the peace. 

§ 3. All male inhabitants, over the age of twenty-one yoIgts 
years, who are entitled to vote for state officers, and who 
shall have been actual residents of said city one year next 
preceding the election, and who sliall have paid such city 
tax as they may be subject to, shall be entitled to vote for 
city officers: Fiwvided^xh^t said voters shall give their votes 
in the wards in which they shall resj^ectively reside. 

Article V. — Of Legislative Powers of City Council. 

§ 1. The city council shall have power and authority to powers o^^ 
levy and collect taxes for city purposes upon all jjroperty, council. 
real and personal, within the city, not exceeding one-tourth 
of one per cent, per annum upon the assessed value thereof; 
Provided^ that after three years from the organization of the i-roTiso. 
dty, a higher tax may be raised, if two-thirds of the voters 
of the city shall agree thereto at a special election for that 
purpose called by the mayor; and the council may enforce 
the payment of taxes in any manner prescribed hj ordi- 
nance, not repugnant to the constitution of the United States 
and of this state. 

§ 2. The city council shall have j)ower to appoint a ^^ ^ 
derk, city attorney and all such other inferior officers as are 
necessary. 

§ 3. The city council shall have power to require of all Bonds and oath 
officers appointed in pm'suance of this charter, bonds, with 



lis 



CITIES. 



Appropriation 
Diseases. 

Hospitals. 
Health. 

Water. 

Streets. • 



Bridges. 
Wards. 



Light, • 

Night watches. 
Markets. 

Public build- 
ings. 

Public grounds 
Auctioneers, 



Hacks, &c. 



penalty and security, for the faithful performance of their 
respecti\^o duties, as niav be deemed expedient; and also to 
require all officers, appointed as aforesaid, to take such an 
oath or make such athrmation as the common council may 
prescribe, for the faithful performance of their respective 
offices, before entering npon the discharge of the same ; to 
borrow money upon the credit of the city: Provided^ that 
no sum or sums of money shall be borrowed at a greater 
interest than ten per cent, per annum ; nor shall any sum 
or sums be borrowed, as aforesaid, until the subject shall 
have been submitted to the legal voters of said city, for 
which purpose a special election shall be called by the 
mayor, after giving ten days' notice thereof; and if two- 
thirds of the legal voters of said city shall vote in favor of 
any such loan, the same shall be negotiated, and not other- 
wise. 

§ i. To appropriate money and provide for the payment 
of the debts and expenses of the city. 

§ 5. To make regulations to prevent the introduction of 
contagious diseases into the city; to make quarantine laws 
for that purpose and enforce the same, within iive miles of 
the city. 

§ 6. To establish hospitals and make regidations for the 
government of same. 

§ 7. To make regulations to secure the general health of 
the inhabitants ; to declare what shall be a nuisance and to 
prevent and remove the same. 

§ 8. To provide the city with water, to erect hydrants 
and pumps, build cisterns, and dig wells in the streets for the 
supply of engines and buckets. 

§ 9, To open, alter, abolish, widen, extend, establish, 
grade, pave or otherwise improve and keep in repair streets, 
avenues, lanes and alleys, sidewalks, drains and sewers. 

§ 10. To establish, erect and keep in repair bridges. 

§ 11. To divide the city into wards, alter the boundaries 
thereof, and erect additional wards, as the occasion may re- 
quire. 

§ 12. To provide for lighting the streets and erecting 
lamp posts. 

§ 13. To establish, support and regulate night watches. 

§ 11. To erect market houses, to establish markets and 
market places, and to provide for the government thereof. 

§ 15. To provide for all needful buildings for the use of 
the city. 

§ 16. To provide for inclosing, improving and regulating 
all public grounds belonging to the city. 

§ 17. To license, tax and regulate auctioneers, mer- 
chants, peddlers, retailers, grocers, taverns, ordinaries, haw^- 
kers, brokers, pawnbrokers and money changers. 

§ 18. To license, tax and regulate hacks, carriages, 
wagons, carts and drays, and fix the rates to be charged for 



CITIES. 119 

the carriage of persons and for the wagonage, cartage and 
drayage of property. 

§ ly. To license and regidate porters and the rates of Porters, 
porterage. 

§ 20." To hcense, tax and regnkte all theatrical and Shows, 
other exhibitions, shows and amusements. 

§ 21. To restrain, prohibit and suppress tippling houses. Tippling hou. 
dram shops, gambling houses and bawdy houses aud other ^"^^^ 
disorderly houses. 

§ 22, To provide for the prevention and extinguishment Fires. 
of hres ; to organize and establish fire companies. 

§ 23. To regulate the tixing of chimneys and to fix the Chimneys, 
flues thereof. 

§ 2-1. To regulate the storage of gunpowder, tar, pitch, Combustibles. 
rosin and other combustible materials. 

§ 25, To regulate and order parapet walls and partition Waiis and 
fences, and to restrain cattle, hogs, sheep and dogs from 
running at large. 

§ 26. To establish standard weights and measm-es, and Weights and 
regulate the weights and measures to be used in the city in °^<^^s"^^^- 
all cases not otherwise provided for by law, and to order all 
laws upon the subject to be enforced, and to fix and enforce 
payments of fines for noncompliance with any such order. 

§ 27. To provide for the inspection and measuring of i^umber. 
lumber and other building materials, and for the measuring 
of all kinds of mechanical Avorks. 

§ 2S. To provide for the inspection and weighing of hay Hay, .&c. 
and stone coal, the measurement of charcoal, lire wood and 
other fuel, to be used within said city. 

§ 29, To provide for and regulate the inspection of Provisions, 
tobacco and of beef, pork, flour, meal and whisky in barrels. 

§ 80. To provide for and regulate the inspection of but- 
ter, lard and other provisions. 

§ 31. To regulate the weight and quality of bread to Bread, 
be sold and used in the city. 

§ 32. To regulate the size of bricks to be sold and used Brick. 
in the city. 

§ 33. To provide for taking enumeration of the inhabit- Ceieus. 
ants of the city. 

§ 31. To regulate the election of city officers, and to officers. 
proA^de for removing from oflice any ^^erson holding an of- 
flce created by ordinance. 

§ 35. To flx the compensation of all city ofiicers, and to Salaries, 
regulate the fees of jurors, witnesses and others, for services 
rendered under this act or any ordinance made in pursuance 
thereof. 

§ 36. To regulate the police of the city, to impose fines Police. 
and forfeitures and penalties for the breach of any ordinance, 
and provide for the recovery and appropriation of such fines 
and forfeitures and enforcement of such penalties ; and all 
moneys collected under and by authority of any city ordi- 



120 



CITIES. 



Milliard tables. 



Ordinances. 



Style. 



PubIic9,tion. 



Proof. 



nance shall be deemed and taken to belong to the city and 
disposed of by the city council, nnder the ordinances of said 
city, for the general use and beneht thereof. 

§ 37. The city council shall have exclusive power, with- 
in the city, to license or suppress and restrain billiard tables 
and bowling alleys. 

§ 38. The city council shall have power to make all or- 
dinances which shall be necessary and proper for carrying 
into execution the powers specilied in this act, so that such 
ordinance be not repugnant to nor inconsistent with the con- 
stitution of the United States or this state. 

§ 39. The style of the ordinances shall be, "Be it or- 
dained by the City Council of the City of Centralia." 

§ 40. All ordinances passed by the city council shall, 
within one month after they shall have passed, be published 
in some newspaper in the city, or posted up in three of the 
most public places in the said city of Centralia, and shall 
not be in force until they shall have been published as afore- 
said. 

§ 41. All ordinances of the city may be proven by the 
seal of the corporation, and when printed in book or pam- 
phlet form and purporting to be printed and published by 
authority of the corporation, the same shall be received in 
evidence in all courts and places, without further proof. 

Article YI — Of the Mayor, 



Special 
ings. 

Duties of 
mayor. • 



Mayor. § 1. The mayor shall preside at all meetings of the city 

council, and, in case of a tie, shall have the casting vote and 
in no other. In case of nonattendance of the mayor at any 
meeting, the board of aldermen shall appoint one of their 
number chairman, who shall preside at the meeting but 
shall not thereby lose his right to vote on any question be- 
fore the board. 
„ggt. § 2. The mayor or any two aldermen may call special 
meetings of the city council. 

§ 3. The mayor shall, at all times, be vigilant and active 
in enforcing the laws and ordinances for the government of 
the city ; he shall inspect the conduct of all subordinate offi- 
cerjs of said city, and cause negligence and positive violation 
of duty to be prosecuted and punished; he shall, from time 
to time, communicate to the aldermen such information and 
recommend all such measures as, in his opinion, may tend 
to the improvement of finances, the police, the health, se- 
curity, comfort and ornament of the city. 

Riots. § 4. He is hereby authorized to call on every male in- 

habitant of said city, over the age of eighteen years, to aid 
in enforcing the laws and ordinances, and, in case of riots, 
to call out the mihtia to aid him in suppressing the same or 
other disorderly conduct, preventing and extinguishing fires, 
for secm-ing the peace and safety of the city or carrying into 



crriES, 121 

effect any law or ordinance ; and any person who shall not 
obey such call shall forfeit to said city a fine not exceeding 
five dollars. 

5. He shall have power, whenever he may deem it Exhibits. 
ne§essary, to require of any of the officers of said city an ' 
exhibit of his books and papers. 

§ 6. He shall have power to execute all acts that may 
be required of him by any ordinance made in j)ursuance of 
this act. 

§ 7. He shall also have such jurisdiction as may be vest- Jurisdiction. 
ed in him by ordinance of the city, in and over all places, 
■s^dthin five miles of the boundaries, for the purpose of en- 
forcing tlie health and quarantine ordinances thereof 

§ 8. He shall receive for his ser^dces, outside of the city. Salary, 
such salary as shall be fixed by ordinance of the city. 

§ 9. In case the mayor shall at any time be gnilty of a indictment, 
palpable omission of duty or shall willfully and corruptly be 
guilty of oppression, malconduct or partiality in the dis- 
charge of the duties of his office, he shall be liable to be in- 
dicted in the circuit court of Marion county, and, on convic- 
tion, he shall be fined not exceeding two hundred dollars ; 
and the court shall have power, on recommendation of the 
jmy, to add to the judgment of the court that he be re- 
moved from office. 

Article YII — Of Proceedings in Special Cases. 

§ 1. "WTien it shall be necessary to take private property Taking private 
for opening, \\4dening or altering any j)ubhc street, lane, p^'^p^^^J'- 
avenue or alley, the corporation shall make a just compen- 
sation to the person whose property is taken ; and if the 
amount of such compensation cannot be agreed on the mayor 
shall cause the same to be ascertained by a jury of six dis- 
interested freeholders of the city. 

§ 2. "When the owners of all the property on a street, Petition, 
lane, avenue or alley, proposed to be opened, widened, or 
altered, shall petition therefor, the city council may open, 
widen or alter such street, avenue or alley, upon condition 
to be prescribed by ordinance ; but no compensation shall in 
such case be made to those whose property shaU be taken, 
their tenants or others, for the opening, widening or alter- 
ing such sti-eet, lane, avenue or alley ; nor shall there be any 
assessment of benefits or damages that may accrue thereby 
to any petitioners. 

§ 3. All jm'ors impanneled to inquire into the amount of Jurors, 
benefits or damages which shall happen to the owners of 
property proposed to be taken for opening, widening or al- 
tering any street, lane, avenue or alley, shall first be sworn 
to that effect, and shall retmTi to the mayor their inquest, in 
writing, and signed by each jui'or. 

—I 



122 



CITIES. 



Benefits 
damaires. 



To set aside in- 
quest. 



Special tax, 



Proviso. 



and § 4. In ascertaining the amonnt of compensation for 
property taken for opening or widening or altering any 
street, avenue, lane or alley, tlie jury shall take into consid- 
eration the benefit as well as the injuiy happening by such 
opening, widening or altering such street, lane, avenue or 
alley. 

§ 5. The mayor shall have power, for good cause shown, 
within ten days after any inquest shall have been returned 
to him, as aforesaid, to set the same aside and cause a new 
inquest to be made. 

§ 6. Upon a petition of two-thirds of the property hold- 
ers, the city council shall have power, by ordinance, to levy 
and collect a special tax on the holders of lots in any street, 
lane, avenue or alley, according to their respective fronts 
owned by them, for the purpose of paving, grading or plank- 
ing side-walks and hghting such streets, lane, avenue or 
alley: Provided^ said tax shall not exceed in amount the 
actual cost of said side-walks lighting, respectively; which 
tax shall be collected in the same manner as other city 
taxes. 



Aeticle YIII — Of lEscellaneous Provisions. 

Road labor. § 1. The city couucil shall have power, for the purpose 

of keeping the streets, lanes, avenues and alleys in repair, 
to require every able bodied male inhabitant in said city, 
over twenty-one years of age, to labor on said streets, lanes, 
avenues and aUeys, not exceeding three days in each year; 
and any person failing to perform such labor, when duly 
notified by the street commissioner, shall forfeit and pay one 
dollar for each day so neglected and refused. 

Exemption. § 2. The inhabitants of the city of Centralia are hereby 

exempted from working on any road beyond the limits of 
the city, and from paying any tax to procure laborers to work 
upon the same. 

improvemeut. § 3. The city council shall have power to provide for the 
imprisonment of oflenders in the county or city jail, in all 
cases where such oflenders shall fail or refuse to pay the 
fines or forfeitm-es which may be recovered against them. 

statement. § 4. The city council shall cause to be published, annually. 

a full and complete statement of all moneys received and 
expended by the corporation during the preceding year, and 
on what account received and expended. 

Appeals. § 5. Appeals shall be allowed from decisions, in all cases 

arising under the pro\dsions of this act or any ordinance 
passed in pursuance thereof, to the circuit or county com-t, 
as the case may be be, of said county of Marion ; and every 
such appeal shaU be granted in the same manner and with 
like efiect as appeals are taken from and granted by justices 
oi the peace to the circuit court under the laws of this 
state. 



CITIES. 123 

§ 6. "Whenever the mayor shall absent himself from the Absence, 
city or resign or die or his office shall be otherwise vacated, 
the board of aldermen shall immediately jDroceed to elect 
one of their nnmber president, who shall be mayor, jpro 
tem., nntil the office shall be filled by election, as herein 
provided. 

§ Y. This act is hereby declared to be a jDublic act, and Public act. 
may be read in evidence in all courts of law or equity within 
this state without proof. 

§. 8. All acts or parts of acts coming within the provis- Acts repealed, 
ions of this charter or contrary to or inconsistent with its 
provisions are hereby repealed. 

§ 9. The city marshal or any other officer authorized to Marshal, 
execute writs or any other process issued by any judicial 
officer in said city shall have power to execute the same 
anywhere within the limits of the county of Maiion, and 
shall be entitled to the same fees for travehng as are allowed 
to constables in similar cases. The said city marshal, by 
virtue of his office, shall be a constable of Marion county, 
with power to serve processes, and do all acts that a consta- 
ble may lawfully do, and shall receive the same fees as are 
allowed to other constables by law; he shall hold his office 
for one year, and shall give bond, as other constables are 
required by law to give; which bond shall be filed in the 
office of the county clerk. 

§ 10. The trustees named herein shall, immediately after Duty of trus- 
the passage of this act, take measures to promulgate this *^®^- 
law within the limits of the city of Centralia, and issue their 
proclamation for an election to be held in said towm, at least 
ten days prior to the election of city officers; at which elec- 
tion the inhabitants residing within the territory described 
in the second section of the first article of this act, who are 
authorized to vote for state officers, shall vote "For the 
Charter" or "Against the Charter"; and if a majority of 
the votes given at such election shall be for the charter this 
act shall immediately take effect as a law, and the trustees 
shall proceed as directed in article four of this charter; but 
if a majority of the votes shall be against the charter then 
this act shall be of no effect. 

§ 11. The members of the city council shall be, ex officio, ^i^^ wardens, 
fire wardens and conservators of the peace, within the city, 
and are hereby authorized and it is made their duty to arrest 
aU persons who are violating or have violated any ordinance 
of the city or any law of the state, with or without process, * 

and have them prosecuted therefor ; and any person or per- 
sons who shall willfully interrupt or oppose them in the 
discharge of the requirements hereof shall be subject to the 
same penalties as though they had opposed or interrupted a 
marshal, sheriff or constable in the legal discharge of their 
duties. They shall, moreover, be exempt from jury duty 



124 



Police magis- 
trate. 



License. 



CITIES. 

and street labor or the payment of street taxes dnring their 
term of office. -,.... 

§ 12. There shall be elected at the first election lor city 
officers, and every four years thereafter, one police magis- 
trate, who shall hold his office for the term of four years 
and until his successor shall be elected and quahfied.^ The 
mayor of the city, ex officio, and the said police magistrate 
shall have, in their county, the same jurisdiction, power 
and emoluments as justices of the peace in this state, with 
this addition, that their jurisdiction shall extend to all cases 
where the plaintiff's demands shall not exceed the sum of 
two himdred and fifty dollars. The governor shall commis- 
sion the said mayor and the said police magistrate; and each 
one shall execute and deliver to the city clerk, within twenty 
days after his election, a bond, to be approved by said clerk, 
with one or more good and sufficient securities, in the sum of 
not less than two thousand dollars, conditioned that he will 
iustly and fiiirly account for and pay over all money that 
may come into his hands, under any judgment or otherwise, 
by virtue of his said office, and that he will well and truly 
perform all and every act and duty enjoined on him by this 
this charter or the laws of this state, to the best of his skill 
and abihties. Said bond shall be made payable to the city 
council of the city of Centraha, for the use of the people of 
the state of Ilhnois, and be held for the security and benefit 
of all suitors and others who may be aggrieved or injured by 
the magisterial acts or misconduct of said pohce magistrate 
or of said mayor, while acting as pohce magistrate. Change 
of venue may, in all cases, be taken from one of the above 
police magistrates to the other, and the practice and usages 
of the same shall be as in the justices court. 

§ 13. No provision of this act shall be so construed as 
to authorize the sale of ardent spirits in a less quantity than 
now provided by law, unless Hcensed so to do by the city 

council. -, . r> p 1 

§ li. This act to take effect and be m force Irom and 

after its passage. 

Approved February 18, 1859. 



In force Febru- AN ACT to amend an act entitled ''An act to incorporate the city of Chester," 
ary 23, 1859. approved February 13, 185o. 

Section 1. Be it enacted ly the Peo])le of the State of 
Illinois, re^remited in the General Assembly, That the act 
Act amended incorporating the city of Chester, approved February tliir- 
Act amended, ^^^^^i^^ gigi^^een hundred and fifty-five, be and the same is 
hereby so amended as to authorize the city councd ol Ches- 
ter to abohsh the present system of street or road labor and 



CITIES. 125 

to levy a special tax, not to exceed one-fom-tli of one per 
centum, annually, on the assessed valne of all the real estate 
in said city, and to apply the same to keeping in repair the 
streets and alleys of said city. 

§ 2. This act to take effect and be in force from and 
after its j)assage. 

Appkoved February 23, 1S59. 



AX ACT to amend an act approved February 16, 1857, vrhich was entitled *' An In force Febru- 

act to amend the act entitled, * an act to reduce the law incorporating the city of ary 19, 1S59. 
Chicago, and the several acts amendatory thereof, into one act, and to amend 
the same,' " approved February 14, 1851. 

Whereas on the 16th day of February, 1857, the general Preamble, 
assembly of the state of Illinois, passed "An act to amend 
the act entitled, 'an act to reduce the law incorporating 
the city of Chicago and the several acts amendatory 
thereof, in one act, and to amend the same,' " approved 
February lith, 1851; and "whereas in said act, under 
the head of "PubHc Parks," the judge of the Cook county 
com-t of common pleas was directed and requested to 
appoint three discreet and disinterested freeholders of 
said city, as commissioners of estimate and assessment, 
to lay out a public park in the South Division of said city ; 
and whereas the authority to lay out a public park was 
immature and not demanded by the interests of the peo- 
ple in the South Division of said city; now therefore. 
Be it enacted hy the Peojyle of the State of Illinois, 'rejjre- 

sented in the General AssemUy, That all that portion of said 

act, aforesaid, wliich concerns public parks and which Provision to b« 

authorizes the appointment of commissioners and the laying repealed. 

out a public park in the South Division of the city of 

Chicago, be and the same is hereby repealed. 

This act to take effect and be in force from and after its 

passage. 

Approved February 19, 1859. 



126 



CITIES. 



In force Feb'y 
18, 1859. 



2»rame. 



Limits. 



Commissioners 



Additions. 



Powers. 



AN ACT to incorporate Dallas City 

Chapter I. — Of Boundaries and General Povjers. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the G-eneral AssemUy, That the 
inhabitants of the town of Dallas City, in the counties of 
Henderson and Hancock and state of Illinois, be and they 
are hereby constituted a body politic and corporate, by the 
name and style of "Dallas City," and by that name shall have 
perpetual succession, and may have and use a common seal, 
which they may change and alter at pleasure. 

§ 2. All that district of country embraced within the 
following limits, to wit : one mile in each direction from the 
point where the east hue of fractional lot numbr one (1), in 
block number ten (10), in said Dallas City, crosses the county 
line of Henderson and Hancock counties, or two miles 
square, shall constitute Dallas City. 

§ 3. The following named persons, to wit: Wm. H. 
Rollasson, Kichard W. Brewer, Theodore Rea, John Gibbs, 
James Gassaway, John M. Finch, Daniel G. Baldwin and 
B. F. K'elson, or a majority of them, shall meet at the post 
office in said town on the first Monday of May next, or as 
soon thereafter as they shall deem exjDedient, and divide 
said Dallas City into two or more wards, particularly de- 
scribing the boundaries of each ward; apjDoint three judges 
of election in each ward, to act in all cases until their suc- 
cessors shall be ajDpointed as hereinafter mentioned ; fix the 
time and places of holding said election in each ward, until 
the city council shall be elected ; give at least ten days' notice 
in the customary manner of the time and places of holding 
said election, and make a full report of the same to the city 
council at their first meeting after said election. 

§ 4. Whenever any tract of land adjoining shall have 
been laid oft' into town lots and duly recorded, as required 
by law, the same shall be annexed to and form part of Dal- 
las City. 

§ 5. The inhabitants of the said Dallas City, by the name 
and style aforesaid, shall have power to sue and be sued, to 
implead and be impleaded, to defend and be defended in all 
courts of law and equity and in all actions whatsoever; to pur- 
chase, receive and hold propertv, real and personal, in said 
city; to purchase and receive and hold property, both real 
and personal, beyond the city, for burial grounds or other 
pubhc purposes for the use of the inhabitants of said Dallas 
City; to sell, lease, convey or dispose of property, real and 
personal, for the benefit of the city, and to improve and pro- 
tect such property, and do all other things in relation 
thereto as natural persons. 



CITIES. 127 

Article II. — Of City Council. 

§ 1. There sliaU be a city council, to consist of a mayor City council. 
and board of aldermen. 

§ 2. Tbe board of aldermen shall consist of two mem- Aldermen. 
bers from each ward, to be chosen by the qnalified voters, 
for two years. 

§ 3. 1^0 person shall be an alderman, unless at the time Eligibility, 
of his election he is a freeholder of the city, and shall have 
resided six months within the hmits of the same, and is at 
the time of his election twenty-one years of age and a citi- 
zen of the state. 

§ 4. If any alderman, after his election, shall remove Kemorai. 
from the ward for which he was elected, his office shall be 
hereby declared vacant. 

§ 5. At the first meeting of the city council the alder- Classes. 
men shall be divided, by lots, into two classes, the seats of 
those of the first class shall be vacated at the expiration of 
the first year, and of the second class at the expiration of 
the second year, so that half of the board shall be elected 
annually. 

§ 6. The city council shall jndge of cpaHfications, elec- Qualifications. 
tions and returns of their own members, and shaU deter- 
mine all contested elections. 

§ 7. A majority of the city council shall constitute a Quo™Qi, 
C[uorum to do business, but a smaller number may adjourn 
from day to day and compel the attendance of absent mem- 
bers under such penaties as may be j^rescribed by ordinance. 

§ 8. The city council shall have power to determine the Rules, 
rules of its proceedings, punish its members for disorderly 
conduct, and, with the concurrence of two-thirds of the mem- 
bers elected, expel a member. 

§ 9. The city council shall keep a journal of its proceed- journal, 
ings, and from time to time pubhsh the same, and the yeas 
and nays when demanded by a member present, shall be 
entered on the journal. It shaU be the duty of the city 
council to record the report mentioned in section three (3), 
article one (1), in said journal, and said record thereof shall 
be jprhna facie evidence of the truth of the matters therein 
stated. 

§ 10. No alderman shall be appointed to any office under Appointment, 
the authority of the city which shaU have been created or 
the emoluments of which shall have been increased during 
the time for which he may have been elected. 

§ 11. All vacancies that may occm* in the board of alder- Vacancies. 
men shall be ffiled by election. 

§ 12. The mayor and each alderman, before entering Oath. 
upon the duties of their office, shall take and subscribe an 
oath that they will support the constitution of the United 
States and of this state, and that they will weU and truly 



128 



CITIES. 



Tie. 



Meetings. 



Mayor. 



Eligibility. 



Removal. 



Tie. 



Contest. 



Vacancy. 



perform the duties of their office to the best of their skill 
and ability. 

§ 13. "Whenever there shall be a tie in the ele ction 
aldermen, the judges of election shall certify the same to 
the mayor, who shall determine the same, by lot, in such 
manner as shall be provided by ordinance. 

§ 14. There shall be four stated meetings of the city 
council in each year, at such times and places as may be 
prescribed by ordinance. 

ARTICLE III. — Oj the Chief Executive Officer. 

§ 1. The chief executive officer of the city shall be a 
mayor, who shall be elected by the qualified voters of the 
city, and shall hold his office for one year and mitil his suc- 
cessor shall be elected and qualified. 

§ 2. ISTo person shall be eligible to the office of mayor, 
who shall not have been a resident of the city one year next 
preceeding his election, or shall have attained the age of 
twentj^-five years, or who shall not at the time of his elec- 
tion be a citizen of the United States and a freeholder of 
the city. 

§ 3. If any mayor, during the time for which he shall 
have been elected, remove from the city, his office shall be 
vacated. 

§ 4. "When two or more persons shall have an equal 
number of votes for mayor, the judges of election shall cer- 
tify the same to the city council, who shall proceed to deter- 
mine the same, by lot, who shall be mayor. 

§ 5. Whenever an election of mayor shaU be contested, 
the city council shall determine the same in such manner as 
may be prescribed by ordinance. 

§ 6. Whenever a vacancy shall happen in the office of 
mayor, it shall be filled by election. 



Akticle IY. — Of Elections. 

Election. § 1. On the fii'st Monday of May, A. D. 1860, and on 

the first Monday of May forever thereafter, an election shall 
be held in each ward of said city for one mayor of said city 
and one alderman for each ward. The first election for 
mayor and aldermen shall be held pursuant to notice pro- 
vided for in section three (3), article one (1). 

Voters. § 2. All free white male inhabitants over the age of 

twenty-one, who are entitled to vote for state officers and 
who shall have been an actual resident of said city sixty days 
next preceding said election, shall be entitled to vote for 
city officers : Provided^ that said voters shall give their votes 
for mayor and aldermen in the wards in which they shall 
respectively reside and in no other, and that no votes shall 
be received at any of said elections unless the person offer- 



CITIES. 129 

ing sucli vote shall have been an actual resident of the ward 
where the same is offered at least ten days next preceding 
such election. 

Aeticle Y. — Of the Legislative Powers of the City Council. 

§ 1. The city council shall have power and authority to Taxes, 
levy and collect taxes upon all proj)erty, real and personal, 
within the limits of the city, not exceeding one-half of one 
per cent, per annum of the assessment value thereof, and may 
enforce the payment of the same in any manner to be pre- 
scribed by ordinance, not repugnant to the constitution of 
this state and of the TJnited States. 

§ 2. The city council shall have power to appoint a clerk, Officers, 
treasurer, assessor, collector and all such other officers as 
they shall deem necessary. 

§ 3. The city council shall have power to requii'e of all Bonds, 
officers appointed or elected under this charter to give bonds, 
with penalty and secmity, for the faithful performance of 
their respective duties, in such sums as may be deemed ex- 
pedient, and also to reqmi-e all officers of said city to take 
an oath for the faithful performance of their respective 
offices, before entering upon the discharge of the same. 

§ 4. The city conncil shall have power to bnild and keep Powers, 
in repair school houses, to estabHsh, support and maintain 
common schools, to borrow money on the credit of the city, 
by and with the consent of a majority of the resident free- 
holders thereof: Provided^ that no sum or simis of money Proviso, 
shall be borrowed at a greater interest than ten per cent, per 
annum, nor shall the interest on the aggregate of all the sums 
borrowed and outstanding ever exceed one-half of the city 
revenue arising from taxes assessed on real property within 
the limits of the city. 

§ 5. To appropriate money and provide for the payment Appropriations 
of the debt and expenses of the city. 

§ 6. To make regulations to prevent the introduction of Diseases. . 
contagious diseases into or within three miles of the city. 

§ 7. To establish hospitals and make regulations for the Hospitals, 
government of the same. 

§ 8. To make regulations to secure the general health of Health, 
the inhabitants, to declai'e what shall be a nnisance, and to 
prevent and remove the same. 

§ 9. To provide the city with water, to erect hydrants water, 
and pumps for the convenience of the inhabitants. 

§ 10. To open, alter, abolish, widen, extend, establish, streets, 
grade, pave or otherwise improve and keep in repair the 
streets, avenues, lanes and alleys. 

§ 11. To estabhsh, erect and keep in repaii' bridges. Bridges. 

§ 12. To divide the city into wards, alter the boundaries Wards, 
thereof, and erect additional wards, when deemed necessary. 

§ 13. To provide for Hghting the streets. Ligiit- 



130 



CITIES. 



Watches. 
Markets. 

ildings. 



L)"ense. 



Chimneys. 

Combustibles, 

Walls and fen- 
ces. 

Weights and 
measures. 

Inspection. 



Bread. 

Privies. 

Census. 



Removal from 
office. 



Compensation. 



To license, tax and regulate theatrical and other 



14:. To establish, support and regulate night watches. 
15. To erect market houses, estabhsh markets, and pro- 
vide for the government and regulation thereof. 

§ 16. To provide for the erection of all needful buildings 
for the use of the city. 

§ 17. To pro^dde for inclosing, improving and regulating 
all public ^'ounds belonging to the city. 

§ 18. To license, tax and regulate auctioneers, merchants, 
retailers, hawkers, peddlers, brokers, pawnbrokers, money 
changers. 

§ 19. To license hacks, carriages, wagons, carts and 
drays, tax and regulate and fix the rates to be charged for 
services. 

§ 20. To license and regulate porters. 

§.2.1; ~ ■■ ' ,. " 

exhibitions, shows and amusements. 

§ 22. To license, tax, restrain, prohibit and suppress tip- 
pling houses, dram shops and gambling houses, bawdy and 
other disorderly houses. 

§ 23. To provide for the prevention and extinguishment 
of fires, and to organize fir-e companies. 

§ 21. To regulate the fixing of chimneys, fix the flues 
thereof. 

§25. To regulate the storage of gunpowder, tar, pitch, 
rosin and other combustible materials. 

§ 26. To regulate and order parapet walls and partition 
fences. 

§ 27. To establish standard weights and measures, and 
regulate the weights and measures to be used in the city, in 
all cases not otherwise provided for by law. 

§ 28. To pro\dde for the inspection and measurement of 
lumber and other building material, and for the measuring 
of all kinds of mechanical work. 

§ 29. To provide for the inspection and weighing of hay 
and stone coal, the measurement of charcoal, fire wood and 
other fuel, to be sold or used in the city. 

§ 30. To provide for and regulate the insj^ection of to- 
bacco, beef, pork, flour, meal, whisky and other hquors. 

§ 31. To pro^dde for the inspection of butter, lard and 
other provisions. 

§ 32. To regulate weight, quality and price of bread to 
be sold or used in the city. 

§ 33. To provide for the inspection and regulation of 



privies. 

§ 31. 
city. 

§ 35. 



To provide for the taking of the census of the 



To regulate the election of city officers and pro- 
vide for the removal from office any person holding an office 
created by ordinance. 

§ 36. To fix the compensation of city officers and regu- 



CITIES. 



131 



late tlie fees of jurors, witnesses and otherSj for services under 
this act or any ordinance. 

§ 37. To regulate the police of the city, to impose fines Police, 
and forfeitures and penalties for the breach of any ordi- 
nance, and provide for the recovery and appropriation of 
such lines and forfeitures, and the enforcement of such pen- 
alties. 

§ 38. To license, tax, restrain and suppress ten-pin alleys. Billiard tables, 
billiard tables and ball alleys. 

§ 39. The city council shall have power to make all or- Ordinances. 
dinances which ^iball be necessary and proper for carrying 
into execution the powers specified in this act, so that such 
ordinances be not repugnant to nor inconsistent with the 
constitution of the United States or of this state. 

§ 40. The style of the ordinances of this city shall be, style. 
''"Be it ordained hy the City Council of Dallas City.'''' 

% 41. All ordinances passed by the city council shall, Publication, 
within one month after they shall have been passed, be 
published in a newspaper in Hancock or Henderson county, 
or posted up in three public places in said city, and shall 
not be in force until they shall have been so published. 

§ 42. All ordinances of the city may be proven by the Proof. 
seal of the corporation, and, when printed or published in 
book or pamphlet form, and purporting to be printed and 
published by authority of the corporation, shall be received 
in evidence in all courts and places, without further proof. 

§ 43. The city council shall have power to erect, repair Wharves, 
and regulate public wharves and docks; to regulate the 
erection and repair of private wharves and wharf boats, 
and the rates of wharfage thereat; also, to establish ferries, 
license and regidate the same, witliin the corporation. 

Article YI — Of the Mayor. 

% 1. The mayor shall preside at all the meetings of the Tie. 
city council, and shall have a casting vote and no other. 
In case of nonattendance of the mayor at any meeting the 
board of aldermen shall appoint one of then- own number 
chaiiTnan, who sJiall j^reside at that meeting. 

§ 2. The mayor, or any two aldermen, may call a special Spedti meet- 
meeting of the city cotincIL °° ' 

§ 3. The ma for shall, at all times, be active and vis^ilant Duties of the 
in enforcing th j laws and oi'dinances for the government of ™^^°^* 
the city; he shall inspect the conduct of all subordinate 
oflicers of said city and cause negligence and positive viola- 
tion of duty to be prosecuted and punished ; he shall, from 
time to time, communicate to the board of aldermen such 
information and recommend all such measures as, in his 
opinion, may tend to the improvement of the finances, 
police, health, security, comfort and ornament of the said 
city. 



132 



CITIES. 



Aid. 



Exhibit. 



Salary. 



Indictment, 



§ 4. He is hereby authorized to call on any male inhabi- 
tant of said city, over eighteen years of age, to aid in enfor- 
cing the laws and ordinances; and, in case of riot, to call 
ont the niilitia, to aid in suppressing the same or carry into 
effect any law or ordinance; and any person who shall not 
obey such call shall forfeit to said city a line not exceeding 
ten dollars. 

§ 5. He shall have power, whenever he may deem it 
necessary, to require of any officer of said city an exhibit 
of his book and papers. 

§ 6. He shall have all other power and authority as 
conferred upon the mayor of the city of Quincy by laws of 
incorporation and their amendments. 

7. He shall receive for his services such salary as shall 
be fixed by ordinance of the city. 

§ 8. In case the mayor, at any time, be guilty of a 
palpable omission of duty or shall willfully and corruptly 
be guilty of oppression, malconduct or partiality in the 
discharge of the duties of his office, he sail be liable to be 
indicted in the circuit court of Hancock or Henderson 
county, and, on conviction, he shall be fined not more than 
two hundred dollars; and the court shall have power, on 
the recommendation of the jury, to remove him from 
office. 



Aeticle YII — Of Proceedings in Sjyecial Cases. 



Opening of any 
streets. 



Petition. 



Inquest. 



§ 1. When it shall be necessary to take private property 
for opening, widening or altering any public street, lane, 
avenue or alley, the corporation shall make a full and just 
compensation to the j^erson whose property shall be taken ; 
and, if such compensation cannot be agreed on, the mayor 
shall cause the same to [be ] ascertained by a jury of six 
disinterested freeholders. J^othing herein contained shall 
be so construed as to give the city council power or authority 
to open any street, alley or avenue through lands lying 
within the corporate limits of said city until such lands 
shall have been surveyed and layed off' in town lots. 

§ 2. "When the owners of all the property on a street, 
lane, avenue or alley proposed to be opened, widened or 
altered shall petition therefor the city council may alter, 
widen or open such street, lane, avenue or alley, upon 
condition, to be prescribed by ordinance, but no compensa- 
tion shall in such case be made to those whose property 
shall be taken tor the opening, widening or altering such 
street, lane, avenue or alley, nor shall there be any assess- 
ment of benefits or damages that may accrue thereby to 
any of the petitioners. 

§ 3. All jurors empanneled to inquire into the amount 
of benefits or damages which shall happen to the owners of 
the property proposed to be taken for opening, widening or 



CITIES, 133 

altering any street, lane, avenue or alley shall first be sworn 
to that effect, and shall return to the mayor their inquest, in 
writing, and signed by each jui-or. 

§ 4. In assessing the amount of compensation for pro- Benefits and 
perty taken for opening, widening or altering any street, damages, 
lane, avenue or alley the jmy shall take into consideration 
tlie benefit as well as injury resulting from such action. 

§ 5. The mayor shall have power, for good cause shown. Mayor may set 
Avithin ten days after any inquest shall have been returned to ^^^^^ inquest, 
him, as aforesaid, to set the same aside and cause a new 
inquiry to be made. 

§ 6. The city council shall have power, by ordinance, to Special tax. 
levy and collect a special tax on the holders of lots in any 
street, lane, avenue or alley, or any part or parts of same, 
according to their respective fronts, owned by them; for 
the purpose of pa^dng and grading side-walks and lighting 
said lane, street, avenue or alley. 



Aeticle YIII — Miscellaneous P, 



romsions. 



§ 1. The inhabitants of the said city are hereby exempt Exemption. 
from working on any road beyond the limits of the city. 

§ 2. The city council shall have power, for the purpose street labor, 
of keeping the streets, lanes, avenues and alleys in repair, 
to require every male inhabitant in said city, over the age 
of twenty-one years, to labor on said streets, lanes, avenues 
and alleys not exceeding five days in each and every year; 
and any person failing or refusing to perform such labor, 
when duly notified by the supervisor, shall forfeit and pay 
the sum of one dollar per day for each day so neglected or 
refused. 

§ 3. The city council shall [have] power tO pro^dde for imprisonment, 
the punishment of offenders, by imprisonment in the county 
or city jail, in all cases where such offenders shall fail or 
refuse to pay the fines and forfeitures which may be recov- 
ered against them. 

§ 4. The city council shall have power to publish, annu- statement. 
ally, a full and complete statement of all the moneys received 
and expended by the corporation during the preceding year, 
and on what account received and expended. 

§ 5. All suits, actions and prosecutions instituted, com- suits. 
menced or brought by the corporation hereby created shall 
be instituted, commenced and prosecuted in the name of 
"DaUas City." 

§ 6. AYhenever the mayor shall resign, die or absent Vacancy, 
himself from the city his office shall be considered vacated, 
and the board of aldermen shall immediately proceed to 
elect one of their number president, who shall be mayor 
pro tern. 



134 



CITIES. 



Public act. § 7. This act is hereby declared to be a pnblic act, and 

may be read in evidence in all courts of law and equity in 
this state, without further proof. 

Repeal. § 8. All acts or parts of acts coming within the provis- 

ions of this charter, that are contrary thereto or inconsistent 
with its pro^dsions, are hereby repealed. 

Police magis- § 9. All that part of sai^ city lying in the county of 
trates. Heudcrson shall constitute a police magistrate's precinct, 

and the legal voters residing therein shall, at the first elec- 
tion of officers under this charter, elect one police magistrate; 
and all that part of said city lying in the county of Hancock 
shall constitute a police magistrate's precinct, and the legal 
voters residing in such precinct shall, at said first election, 
elect one pohce magistrate. Said jDohce magistrates shall 
hold their offices for the term of fom- years and until their 
successors shall have been elected, qualified and commis- 
sioned as other pohce magistrates, and shall, respectively, 
have jm-isdiction of all oflences committed in that part of 
said city situated in his county, whether for ofiences arising 
from breach of ordinance or any law of this state ; and, also, 
respectively, the same jurisdiction as other justices of the 
peace. 

Eligibility. § 10. No person shall be eligible to the office of pohce 

magistrate miless at the time of his election he is a citizen 
of this state, and shall have resided in his precinct six 
months next ]3receding his election; and in case of death, 
resignation or removal from the said precinct for which he 
was elected his office is hereby declared vacated. 

Marshal. § 11. The marshal of said city shall be elected by the 

qualified voters of said city and shall hold his office for one 
year and until his successor shall have been elected and 
qualified ; he shall be a resident of the city, and, by virtue 
of his office, shall be a constable of the county in which he 
shall reside, and, as such, shall execute bond to the city 
council as other constables do and subscribe to like oath of 
office. 

Power to exe- § 12. The marshal of said city shall have power to 

cute process, execute au}^ process issued by either magistrate of said city 
or any other justice of the peace residing within said city, 
at any jDoint within said city; but if executed out of the 
county of the magistrate issuing the same shall state such 
fact in his return : Provided^ that property shall not be taken 
in execution out of the county of the said magistrate or court 
issuing the same unless found within the corporation. 

Fines. § 13. All fines, forfeitures and penalties collected by any 

justice of the peace, magistrate, constable or marshal, for 
breaches of orcUnances of said city, shall be by them paid 
into the city treasury. 

Addition. § 14. All property, both real, and personal, within the 

limits of said corporation, shall be exempt from county 
taxes: Provided.^ the said city shall maintain and support 



CITIES. 135 

its own -poor, so as to not make the county chargeable with 
the same. 

§ 15. 'No part of this act shall be so construed as to Reservation, 
grant the city council power or authority to open an alley 
through the east half of block eight (8,) for ten years, 
wtihout owners consent. 

§ 16. This act to be in force and take effect from and 
after its passage. 

Appeoved February 18, 1859. 



AN ACT to incorporate the city of Dixon. jn force Febru 

ary 19, 1859. 

Aeticle I. — Of Boundaries and General Powers. 

Section 1. Be it enacted hy the People of the State of 
Plinois, represented in the General Assembly, That the 
inhabitants of the town of Dixon, in the county of Lee, em- Limits, 
braced within the following limits, to wit : the northwest 
quarter and fhe north half of the southwest quarter of sec- 
tion number (4) fom^, all of section number (5) tive ; so much 
of section number (6) six as hes south of the middle of Kock 
river; all being in township (21) twenty-one; also, all of 
section number (32) thirty-two, the west half of the north- 
west quarter, the west half of the southwest quarter of sec- 
tion number (33) thirty-three, and so much of the east half of 
the southwest quarter of section number (33) thirty-three as 
lies south of the centre of Kock river; all in township num- 
ber (22') twenty-two north, and range number (9) nine east 
of the (ith) fourtli principal meridian, be and they are here- 
by constituted a body politic and corporate, by the name 
and style of "The City of Dixon;" and by that name shall ^ame. 
have perpetual succession, and power to sue and be sued, to 
plead and be impleaded, defend and be defended, in all 
courts of law and equity and in all actions whatsoever ; to 
purchase, receive and hold property, both real and personal, 
in said city, and to purchase, receive and hold property be- 
yond the city hmits, for burial grounds and for other pur- 
poses, for the use of the inhabitants of said city; to sell, 
lease and convey or dispose of j^roperty, and do all other 
things in relation thereto as natural persons ; and may have 
and use a common seal, which they may change and alter 
at pleasure. 

§ 2. Any tract of land adjoining the city of Dixon, laid Additions, 
off into town lots and duly recorded, as required by law, the 
same shall be annexed to and form a part of said city ; and 
all parcels of land within the aforesaid limits and bounda- 
ries, that exceed in extent ten acres, shall be exempted from 



136 



CITIES. 



taxation for city revenue until the same shall be subdivided 
into lots of ten acres or less ; and each lot, when so divided, 
shall be taxed as other city lots. 
Wards. § 3. Until the city council shall otherwise ordain, the 

said city shall be divided into four wards, as follows, to wit: 
all that part of said city lying south of the middle of Rock 
river and east of the east line of Hennepin street, shall con- 
stitute the first ward ; all that part of the city lying south 
of the middle of Rock river and between the east line of 
Hennepin street and the main track of the Illinois Central 
Railroad, shall constitute the second ward; all that part of 
the city lying south of the middle of Rock river and west of 
the Illinois Central Railroad, shall constitute the third ward ; 
aU that part of the city lying north of the middle of Rock 
river, shaU constitute the fourth ward. 

Article II. — Of the City Council. 



Council. 



Aldermen. 



Eligibility. 



Removal. 



Qualification. 



Quorum, 



Rules. 



§ 1. There shall be a city council, to consist of a mayor 
and board of aldermen. 

§ 2. The board of aldermen shall consist of two mem- 
bers from each ward, to be chosen by the qualified voters 
therein, for two years. 

§ 3. No person shall be eligible to the ofiice of alder- 
man, unless, at the time of his election, he shall reside in 
the ward for which he is elected, and shall have resided 
at least two years within the limits of the city, and shall be, 
at the time of his election, twenty-five years of age and a 
citizen of the United States. 

§ 4. If any alderman shall, after his election, remove 
from the ward for which he is elected, his ofiice shall there- 
by become vacant. 

§ 5. At the fii'st meeting of the city council, the alder- 
men shall be divided, by lot, into two classes in each ward ; 
the seats of those of the first class shall be vacated 
at the expiration of one year, and of the second class at the 
exiDiration of two years from their election ; so that one-half 
of the board shall be elected annually. 

§ 6. The city council shall judge of the quahfications, 
election and returns of its own members, and shall deter- 
mine aU contested elections under this act. 

§ 7. A majority of the city council shall constitute a 
quorum to do business, but a smaller number may adjourn 
from time to time and compel the attendance of absent 
members, under such penalties as may be j)rescribed by or- 
dinance. 

§ 8. The city council shall have power to determine the 
rules of its proceedings, punish its members for disorderly 
conduct, and, with the concurrence of two-thirds of the mem- 
bers elected, expel a member. 



CITIES. 137 

§ 9. The city council shall keep a journal of its proceed- Journal, 
ings, and from time to time publish the same ; and the yeas 
and nays, when demanded by any member present, shall be 
taken and entered upon the journal. 

§ 10. ^0 alderman shall be appointed to any office un- 
der the authority of the city, which shall have been created, 
or the emoluments of which shall have been increased, dur- 
ing the term for wdiich he shall have been elected. 

§ 11. All vacancies that shall occur in the board of alder- Vacancies, 
men shall be filled by election. 

§ 12. The mayor and each alderman, before entering oath. 
upon the duties of his ' office, shall take and subscribe an 
oath before some proper officer authorized to administer the 
same, that he will support the constitution of the United 
States, tlie constitution of the state of Illinois, and that he 
will faithfally perform the duties of his office to the best of 
his ability. 

§ 13. Whenever there shall be a tie in the election of Tie. 
an alderman, a new election shall be ordered forthwith. 

§ Itt. There shall be twelve montidy stated ineetino;s of Meetings, 
said council in each year, to be held at such times and 
places as may be prescribed by ordinance. 

Article 111.— -Of the Mayor. 

§ 1. ' The chief executive officer of the city shaU be a Mayor, 
mayor, who shall be elected by the qualified voters of the 
city, and hold his office for one year and until his successor 
is elected and qualiHed. 

§ 2. jSo person shall be eligible to the office of mayor Eii-ibiiitj. 
who shall not be eligible to the office of alderman. 

§ 3. If any mayor, during the time for which he shall Removal, 
have been elected, shall remove from the limits of the city, 
his office shall thereby become vacant. 

§ tt. "Whenever there shall be a tie in the election of Tie. 
mayor, a new election shall be ordered forthwith. 

§ 5. Whenever the election of mayor shall be contested Contest. 
the city council shall determine the same as may be pre- 
scribed by ordinance. 

§ 6. Whenever any vacancy shall happen in the office Vacancy, 
of mayor, it shall be filled by an election. 

Article IY. — Of Elections. 

§ 1. On the first Monday of March next, an election Election, 
shall be held in each ward of said city for one mayor, one 
marshal and one police justice for the city; also two alder- 
men for each ward of the city ; and forever thereafter, on 
the first Monday of March in each year, there shall be an 
election held in each ward in the city for a mayor, marshal, 
and an alderman for each ward ; and on the first Monday of 



138 



CITIES. 



Voters. 



Challenge. 



Returns. 



Manner. 



Ballot. 



Notice. 



Exemption 
from arrest. 



Vacancy. 



Marcli of every fourth year, there shall be an election for 
one police justice for said city. 

§ 2. All free white male inhabitants over the age of 
twenty-one years, who are entitled to vote for state officers, 
and who shall have been actual residents of the city for 
three months next preceding said election, shall be entitled 
to vote for city officers : Provided^ that said voters shall give 
their votes in the ward in which they shall respectively re- 
side, and in no other. 

§ 3. If the right of any person to vote at any election 
shall be challenged, either one of the judges of election may 
administer an oath to such person to make true answers 
touching his qualifications. 

§ 4. The judges of election shall make returns of the 
election to the city council within forty-eight hours after the 
canvass of the votes shall be completed. 

§ 5. The manner of conducting and voting at elections 
to be held under this act, and contesting the same, the keep- 
ino- the poll list, canvassing the votes and certitying the re- 
turns, shall be the same, as nearly as may be, as is now or 
hereafter may be provided by law at general state elections: 
Provided^thQ city council shall have power to regulate elec- 
tions and fix the places of holding the same in each ward, 
and to appoint the judges thereof. The voting shall be by 
ballot, and the judges and clerks X)f election shull take the 
same oath and shall possess the same power and authority as 
the judges and clerks of general state elections. After the 
closing of the polls the ballots shall be counted, in the man- 
ner required by law, and the returns shall be returned seal- 
ed to the city clerk within two days after the election ; and 
thereupon the city council shall read and canvass the same, 
and declare the result of the election. The person having 
the highest number of votes for any office shall be declared 
elected. It shall be the duty of the city clerk to notify all 
persons elected or appointed to office, of either their elec- 
tion or appointment, and unless such persons shall respec- 
tively qualify within ten days thereafter, the office shall be- 
come vacant. 

g 6. No person entitled to vote to any election held under 
this act shall be arrested on civil process within said city 
upon the day on which said election is held, and all persons 
illegally voting at any election under this act shall be pun- 
ishable under the laws of this state. 

S 7. Whenever there shall be more than one vacancy in 
the office of alderman of any ward to be filled at any gen- 
eral or special election in such ward, the candidate having 
the highest number of votes for such office, shall be de- 
clared elected for the longest term, and the candidate hav- 
ing the next highest number of votes for the shortest term \ 
and in case of a tie between the two highest, the terms of 
service to which the successful candidates shall be respec- 



CITIES. in 11 

tively entitled shall be determined by the casting of lots in 
the }3resence of the council. If, from any cause, there shall 
not be a quorum of aldermen in office, the clerk shall ap- 
point the time and place of holding a special election to sup- 
ply all vacancies in the board, and to appoint judges there- 
ot"^ if necessary. 

§ 8. No person shall be eligible to any office, either by Defaulters, 
election or appointment, under this act, who is a defaulter to 
said city; and if any person holding any office or place 
shall become a defaulter while in office, the office or place 
shall thereupon become vacant. 

§ 9. No election shall be held in any grocery, grog shop Place of hold- 
er other place where intoxicating liquors are sold or kept i^g elections 
for sale by retail. 

Article Y. — Of the Poicers of the City Council. 

§ 1. The city council shall have power and authority to Tax. 
levy and collect a tax, not exceeding one fourth of one per 
cent, annually, for all revenue purposes. All taxes for 
revenue shall be levied upon and according to the assessed 
value of the property, real and j^ersonal, included in said 
corporation, as assessed by the township assessor of the 
town of Dixon for each year respectively. 

§ 2. The said city council shall have power, and it shall ^^'^y ^^ i-^xa- 
be their duty, before the ' first day of September of each *^"°' 
year, to determine by ordinance the rate per cent, upon the 
assessed value of the property assessed by said town as- 
sessor -^dthin the limits of said corporation for which a tax 
shall be levied for the current year. A copy of said or- 
dinance, together with an alphabetical list of the resident 
tax payers of the city, shall be filed with the county clerk 
of the county of Lee, whose duty it shall be to extend such 
tax upon the books of the collector for the town of Dixon, 
in a separate column, to be provided for that purpose, in the 
same manner that he is now required to carry out and ex- 
tend the district school tax, against the name of each tax 
payer, whether resident or non-residoiit, owning property in 
said city. And said city tax shall be collected in every 
respect, and the collection thereof be enforced in like man- 
ner and with like remedies as the state and county tax, and 
shall be paid over by the collector to the treasurer of said 
city at the same time that the county revenue is required to 
be paid over to the county. Every court in Lee county 
shall have the same power to render judgment against lands 
and lots within said city, for taxes due said city for city 
purposes, as for the time being it may have to render judg- 
ment for county and state taxes, and such judgment shall 
have the like force and efi^ect as if rendered for delinquent 
county or state taxes. For his services in carrying out, ad- 
ding and extending said tax in the books of the collector, 



CITIES. 

said county clerk shall receive one half cent for each lot or 
tract and one half cent on each persons name assessed for 
personal property, to he paid out of said city tax when col- 
Jt^cted. The collector shall receive the same compensation 
vv'hich may he allowed hy law for the collection of state and 
county taxes, and shall he liable on his official bond for the 
payment of all such city tax by him collected. The fees of 
the collector to be paid out of the taxes when collected. 

,)T:i„e,.s, § 3. The city council shall have power to appoint a 

clerk, treasurer, attorney and one or more street commis- 
sioners, surveyor and all such other officers as said city 
council may deem necessary to peiiorm the duties required 
to be performed under this charter and under the ordinances 
of the city, and to prescribe by ordinance their powers and 
duties ; all of which said officers shall hold their office for 
one year and until their successors are appointed : Pro- 
vided^ that by a vote of two-thirds of city courcil elected, 
any of the officers mentioned in this section may be re- 
moved from office at any time before his term of office shall 
have expired. 

Bonds. § -i. The city council shall have power to require of all 

or any officers appointed in pursuance of this charter, such 
bonds to the city of Dixon, with penalty and security to be 
approved by the mayor and a majority of the aldermen, for 
the faithful performance of their respective duties, as may 
be deemed expedient, and also to require all officers ap- 
pointed as aforesaid, before entering upon the duties of 
their respective offices, to take an oath for the faithful per- 
formance of their duties. The city council shall have 
power : 

Appropriati'ns First. — To appropriate money and provide for the pay- 
ment of the debts and expenses of the city. 

oiseases. Seconid. — To make regulations to prevent the introduction 

of contagious diseases into the city, and for that purpose to 
make quarantine laws, and enforce the same within five 
miles of the city limits. 

Hospital. Third- — To establish a hospital and make regulations for 

the goverment of the same. 

Health. Fourth. — To make regulations to secure the general 

health of the inhabitants, to declare what shall constitute a 
nuisance, and to make provisions for the prevention and 
removal of the same. 

w» er. Fifth. — To provide the city with water, to erect hydrants 

and pumps in the streets, to build cisterns and reservoirs, 
and. dig wells in the alleys or public squares of the city for 
the supply of engines and buckets. 

Streets. Sixth. — To open, alter, abolish, close, widen, extend, esta- 

blish, grade, 2:)ave or otherwise improve and repair streets, 
avenues, lanes, side-walks, cross-walks, drains and sewers, 
and for the purpose of repairing the streets, alleys, cross- 
walks, drains and sewers, they shall have power to levy an- 



CITtES. 141 

nually a road labor tax of not iiaore tlian three days nor less 
than one day, ao;ainst every able bodied male inhabitant of 
said cit}", over the age of twenty-one years and under fifty 
years of age, to be collected and expended in such manner 
as they shall determine and direct : Provided^ alv:ays^ that 
the person assessed shall have the right, if he shall so elect, 
to work out his own tax on the streets, avenues and alleys 
in the city, under the direction of the street commissioner; 
all to be expended in the ward in which the inhabitant shall 
reside. 

Seventh — To establish, erect and keep in repair bridges. Brid<re&. 

Eighth. — To divide the city into wards, alter the bounda- Wards, 
ries and erect additional wards, as occasion may require. 

Ninth. — To provide for lighting the streets and erecting Li-ht. 
lamp posts. 

Tenth. — To establish, regulate and support night watches. Night watches 

Eleventh. — To erect market houses, to establish markets Markets, 
and market places, and provide for the government and re- 
gulation thereof, and to regulate, license, prohibit butchers, 
and revoke their licences for malconduct in the course of 
trade. 

Tioelfth. — To provide for all needful buildings for the use Public buiid- 
of the city. ' ^°g^- 

Thirteenth. — To provide for the inclosing, improving and Public ground- 
regulating ail public grounds and cemeteries belonging to 
the city, and to regulate the- burial of the dead. 

Fourteenth. — To license, tax and regulate auctioneers. License, 
merchants, retailers, grocers, taverns, ordinaries, hawkers, 
peddlers, brokers, pawnbrokers and money changers. 

F'ifteeyith. — To license, tax and regulate hacks, omni- 
busses, carriages, wagons, carts and drays, and to fix the 
rates to be charged for the carriage of persons and cartage 
and drayage of property. 

Sixteenth. — To license and regulate porters and the rates 
of porterage. 

Seventeenth. — To license, regidate and tax theatrical and 
other exhibitions, ,?hows of all descriptions, and amuse- 
ments. 

Eighteenth, — To restrain, prohibit and suj^press tippling 
houses, houses of ill fame, bawdy and other disorderly 
houses, and the selling or giving away of any intoxicating 
or malt liquors by any person within the city. 

Nineteenth.— -To license, regulate and tax the selling of 
intoxicating and malt liquors within the city for one year, 
for which license the said council shall fix the sum to be 
paid; the same to be not less than three hundred dollars for 
spirituous and malt liquors, nor less than one hundred dol- 
lars for malt liquors: Provided, that the city council may 
grant permits for the sale of liquor by druggists, lor medi- 
cal, mechanical, sacramental and chemical purposes only, 
under such restrictions as may be provided by ordinance: 



142J 



GITIE&. 



Provided^ always^ tliat no such license shall be granted by 
gaid council in any year, unless at the annual meeting for 
the election of officers for that year a majority of tiie legal 
voters voting at such election shall decide to have licenses 
granted, which decision shall be determined as follows: A 
ballot-box shall be provided in each ward, and labelled "Li- 
cense" or " No License," and the voters shall express their 
desire by depositing in such ballot-box their ballots, with 
the words "License" or "JN^o License," returns of which 
shall be made by the judges of election to the city council, 
at the same time as returns of the election of officers of said 
city ; and if a majority of the votes cast on the question shall 
be for license, then the council shall grant licenses, as pro- 
vided in this section ; but if a majority of the voters are 
against license, then the city council shall grant no licenses 
during that year^ for the sale of intoxicating ol' malt liquors, 
and shall declare all unlicensed vending of said liquors a 
nuisance, and shall suppress the same. 

Twentieth. — To provide for the prevention and extinguish- 
ment of fires; to organize and establish lire companies, and 
to regulate or prohibit the erection of w^ooden buildings in 
any part or parts of the city, within certain limits, to be fixed 
by ordinance. 

Twenty-first. — To regulate the making of chimneys and 
flues and the securing of stovepipes in the city. 

Twenty -second. — To regidate the storage of gunpowder, 
tar, pitch, rosin and other combustible materials. 

Ttcenty-third. — To regulate and order parapet waJls and 
partition fences, and to restrain cattle, horses, hogs, sheep 
and dogs from running at large. 

Twenty-fourth. — To enforce the legal standard of weights 
and measures in all cases, and to enforce the collection of 
fines for non-compliance with the ordinances of said city in 
all eases wdiatsoever. 

Twenty-fifth. — To regulate and provide for the inspection 
and measuring of lumber and building materials^ and for the 
measuring of all hinds of mechfsnical work. 

Twenty-sixth. — To provide for the inspection and weigh- 
ing of hay and stonecoal, the measuring of charcoal, fire- 
wood and other fuel to be used or sold within the city. 

Twenty -seventh. — -To prevent, restrain and punish fore- 
andregratiug. stalling, rcgratiug, and regulate and provide for the inspec- 
tion of floury meal, pork, beef, butter and other provisions ; 
also whisky and other liquors in barrels and other casks. 

Twenty-eighth.-— To regulate tlie weight and quality of 
bread to be sold and used in the city. 

Twenty-ninth. — To regulate the size of brick to be sold or 
used in the city. 

Thirtieth. — To provide for the taking enumerations of the 
inhabitants of the city. 



Fires 



Chimneys. 



C/Dnibustibles 



Walls aud 

fences. 



Weights and 
-iic;asures. 



T>ectiou. 



Fore.stalUng 



Bread. 



CITIES. 143 

Thirty '-fir d. — To regulate the election of city officers, and E'ections. 
Mx the compensation, by fees, commissions or otherwise, of Fees, 
all city officers ; regulate the fees of jurors, witnesses and 
others, for services rendered under this act, or any ordinance 
made in pursuance hereof: Provided^ that the city council, 
shall serve without compensation. 

Thirty-second. — To organize and regulate the police of the Police, 
city, to impose fines, forfeitures and penalties for the breach 
of any ordinance, and to provide for the recovery and ap- 
propriation of such lines and forfeitures, and the enforce- 
ment of such penalties ; and all moneys collected under and 
by authority of any city ordinance shall be deemed and 
taken to belong to said city, and disposed of by said city 
council, under the ordinances of said city, for the use and 
benefit of the inhabitants thereof. 

Thirty-third. — To restrain, prohibit and suppress billiard Gaming, 
tables, bowling alleys and all devices for gaming, and to 
regulate the speed at which horses or other animals may be 
driven or rode within the city. 

Thirty-foxirth.—'Yo regulate the speed with which stearn Speed of cars 
engines and cars may be driven within the city. 

Thirty-fifth. — To authorize the construction "of mills and ^^ii'^. 
mill races and feeders on and through the river streets, at 
such places and under such restrictions as they shall think 
proper. 

Thirty-sixth. — To make all ^ordinances which shall be Ordinances, 
necessary and proper to carry into execution the powers spe- 
cified in this act, so that such ordinances be not repugnant 
to nor inconsistent with the constitution of the United 
States or of this state. 

§ 5. The style of ordinances shall be, "Be it ordained Style. 
by the City Council of the City of Dixon." 

§ 6. All ordinances passed by the city council shall, I'^ibiication, 
within on^ month after they shall have been passed, be 
published in some newspaper in the city, and shall not be 
in force until five days after they shall have been published 
as aforesaid. 

§ 7. All ordinances of the city may be proven by the Proof, 
seal of the corporation, and when printed in book or pam- 
phlet form, and purporting to be published by authority of 
the corporation, shall be received in evidence in all courts 
and places, without further proof. 

§ 8. The city council shall liave power to require of all Railroads, 
railroad companies that own or shall own any railroad with- 
in the limits of the city, to construct and erect good and suf- 
ficient crossings, at such times and places, on such roads, as 
may be directed by said council. 

§ 9. The city council shall have sole power to establish Ferries, 
ferries, license and regulate the same, within the limits of 
the city. 



14:4 



CITIES. 



Article YI — Of the Executive Power, 



Tie. 



Special me 
ings. 

Duty of may( 



Aid. 



Exhibit. 



Jurisdiction. 



Jndictmen 



Compcioatiou. 



§ 1. The mayor shall preside at all meetings of tlie city 
council, and in case of a tie, and no other, shall have a cast- 
ing vote. In case of the nonattendance of the mayor at 
any meeting the board of aldermen shall appoint one of their 
own members chairman, who shall preside at that meeting, 
but who shall not thereby lose his right to vote upon any 
question before the board. 

§ 2. The mayor or any three aldermen may call special 
meetings of the city council. 

§ 3. The mayor shall, at all times, be active and vigi- 
lant in enforcing the laws and ordinances for the govern- 
ment of the city, he shall inspect the conduct of all subor- 
dinate officers of the city, shall cause negligence or viola- 
tion of duty to be prosecuted and punished, he shall from 
time to time communicate to the board of aldermen such in- 
formation and recommend such measures, as in his opinion 
may tend to the improvement of the hnances, the health, 
security, comfort and ornament of the city. 

§ 4. He is hereby authorized to call on every male in- 
habitant of said city, over the age of eighteen years, to aid 
in enforcing the laws and ordinances, and in case of a riot, 
to call out the militia to aid him in suppressing the same or 
other disorderly conduct, preventing and extinguishing fire, 
securing the peace and safety of the city, or in carrying into 
eliect any law or ordinance ; and any person who shall not 
obey sucii call shall forfeit to said city a fine of not less than 
five nor more than twenty -five dollars. 

§ .5. He shall have power, wdienever he may deem it 
necessary, to require of any of the officers of said city an 
exhibit of his books and papers* 

§ 6. He shall have power to execute all acts that may 
be required of him by any ordinance made in pursuance of 
this act. 

§ 7. He shall also have such jurisdiction as may be 
vested in him by an ordinance of the city, in and over all 
places w^ithin five miles of the limits of the city, for the 
purpose of enforcing the health and quarantine ordinances 
and regulations thereof. 

§ 8. In case tlie mayor shall, at any time, be guilty of a 
palpable omision of duty, or siiali willfully and corruptly be 
guilty of oppression, malconduct or partiality in discharge 
of the duties of his office, he shall be liable to indictment in 
the circuit court of Lee county, and, on conviction, shall be 
fined in a sum not exceeding two hundred dollars, and the 
court shall have power, on a recommendation of the jury, 
to add to tlie judgment of the court that he be removed 
from his office. 

§ 9. The mayor shall receive such compensation for hie 
services as shall be provided by ordinance. 



CITIES^ 145 

§ 10. All ordinances and resolutions shall, before they Veto. 
take eflect, be placed in the office of the city clerk, and if 
the mayor approves theTeof he shall sign the same, and such 
as he shall not approve, he shall retm*n to the city council 
at the next regular meeting thereof: Provided^ such meet- 
ing shall be two days or more after the first passage of the 
same, otherwise to the next subsequent meeting of the city 
council, with his objections thereto : Provided further^ that 
if the mayor shall not return the same, as above provided, 
he shall be deemed to have approved the same. Upon the 
return of any ordinance or resolution by the mayor, the vote 
by which the same was passed shall be reconsidered, and it 
after such reconsideration, a majority of all the members 
elected to the city council shall agree, by ayes and nays, 
which shall be entered on record, to pass the same, it sliall 
go into effect, notwithstanding the mayor may neglect Or re- 
fuse to approve the same. 

§ 11. The mayor shall, ex-officio, haxe power to adminis- Power to ad= 
ter any oath required to l:>e taken by this act, or any law of "^"^i^*^*" <^*^ ^ 
this state, to take depositions, the acknowledgment of deeds, 
mortgages, and all other instruments of writing, and certify 
the same under the seal of the city, which shall be good 
and vaHd in law, for all the purposes of record or evi- 
dence. 

§ 12. In case of vacancy in the office of mayor, or of Vacancy, 
his being unable to perform the duties of his office, by rea- 
son of temporary or continued absence or sickness, the city 
council shall appoint one of its members, by ballot, to pre- 
side over their meetings, whose official designation shall be 
"Acting Mayor," and the alderman so appointed shall be 
vested with all the powers and perform all the duties ot 
mayor, until the mayor shall assume his office, or the vacan- 
cy shall be fiUed by a new election. 

Akticle VII — Of Poicers and Puties of other Officer s^ 

§ 1. The clerk shall keep the corporate seal, and all pa- cierk-v 
pers and books belonging to the city ; he shall attend all 
meetings of the city council, and keep a full record of their 
proceedings in the journal; and copies of all papers duly 
tiled in his office, and transcripts from the journals of the 
proceedings of the city council, or other records of his office, 
certified by him, under the corporate seal, shall b.e evidence 
in all courts in like manner as if the originals were produceds 
He shall likewise draw all warrants on the treasury and 
countersign the same, and keep an accurate account of aU 
receipts and expenditures, in such manner as the city coun- 
cil shall direct ; and he shall have power to administer any 
oath required to be taken by this act. 

§ 2. It shall be the duty of the city attorney to perform City attorney, 
all professional services incident to his office, and, when re- 



146 



CITIES. 



quired, to furnish written opinions npon subjects and ques- 
tions submitted to liim by the mayor, the city council, or 
any of its committees. 

Treasurer. § 3. The city treasurer shall receive all moneys belong- 

me to the city, and shall keep an accurate account of all re- 
ceipts and expenditures, in such manner as the city council 
shall direct. All moneys shall be drawn from the treasury 
in pursuance of an order of the city council, by warrants 
signed by the mayor or presiding officer of the city council, 
and countersigned by the clerk, k^uch warrants shall be 
numbered to correspond with the [order] granting the same, 
and shall specify for what purposes the amounts named 
therein is to be paid. The treasurer shall exhibit to the city 
council, at least twenty days before the annual election of 
each year, and oftener, if required, a full and detailed ac- 
count of all receipts and expenditures for all purposes, after 
the date of the last annual report, and also the state of the 
treasury; wdiich accounts shall be tiled in the office of the 
clerk. 

Marshal. § ^- The citv marshal shall perform such duties as shall 

be prescribed by the city council, for the preservation of the 
public peace, the observance and enforcement of the ordi- 
nances and laws ; he shall possess the power and authority 
of a constable at common law and under the statutes of this 
state, and receive like fees; he shall, before entering upon 
the duties of his office, execute a bond, such as the mayor 
and a majority of the aldermen shall approve, and file the 
same with the city clerk; he shall have power to appoint one 
or more depnties, who shall take the oath of office prescribed 
herein, and who shall possess all the power of and be enti- 
tled to like fees as the city marshal, subject, nevertheless, 
to removal at pleasure by the marshal or the city council, by 
a majority vote thereof: Provided^ that the city marshal 
shall be responsible for all acts of his deputy or deputies, 
done under color of office. 

?<ur7ejror. § 5. The citv surveyor shall have the sole power, under 

the direction and control of the city council, to survey within 
the city limits, and shall be governed by such rules and or- 
dinances, and recei^ve such fees and emoluments for his ser- 
vices as the city council shall direct and prescribe ; he shall 
possess the same power in making surveys and plats within 
the city as is given by law to county surveyors, and the like 
effect and .validity shall be given to his acts, and to all plats 
and surveys made by him as are or may be given by law to 
the acts, plats and surveys of a county surveyor; he shall, 
when required, superintend the construction of all public 
works ordered i3y the city, make out the plans and estimates 
thereof, and contract for the execution of the same; he shall 
perform all surveying and engineering ordered by the city 
council, shall, under their direction, establish the grades and 
boundaries of streets and alleys; but such plans, estimates, 



CITIES. 14:7 

contracts, grades and bouTidaries, shall be reported to and 
approved by the city council before they shall be of validity. 

§ 6. It shall \)e the duty of the street commissioner, street commis- 
under the direction of the city council, to superintend the ^^'^'^^'■• 
opening, grading and improving of streets and alleys, the 
construction and repairing of bridges, culverts, sewers, side- 
walks and cross-walks, and of all public local improvements 
generally in their respective districts, and to c^rry into eft'ect 
all orders of the city council in relation thereto. They shall 
keep accurate accounts of all receipts and expenditures by 
them made or received, and render monthly accounts thereof 
to the city council. 

§ 7. the city council shall have power to impose other other duties, 
duties upon all ofiicers whose duties are herein prescribed, 
and prescribe the duties and powers of all officers appointed 
or elected to any office under this act, whose duties are not 
herein specially mentioned, and fix their compensation. 

§ 8. If any person, having been an officer of said city, Deliver books 
shall not within ten days after notification and request, deliver succe^ssors^ 
to his successor in office all }Vi-operty, books, papers and 
effects, of every description, in his possession, belonging to 
the city or appertaining to his said office, he shall forfeit 
and pay, for the use of the city, lifty dollars, besides all 
damages caused by his refusal or neglect so to deliver up the 
same, and such successor shall and may recover possession of 
the property, books, papers and effects appertaining to his 
office in the manner pres^cribed by the laws of this state, 

§ 9. All officers elected or appointed under this act, (ex- Commissions, 
cept aldermen and mayor,) shall be commissioned by w^ar- 
rant, under the corporate seal, signed by the mayor or pre- 
siding officer of the city council, and by the city clerk. 

§ 10. The mayor, aldermen, marshal and his deputies, Conservators 
and watchmen, shall be conservators of the peace; and all *>f the peace, 
officers of the city created conservators of the peace by thiB 
act, or authorized by any ordinance, shall have power to 
arrest, or cause to be arrested, with or without process, all 
persons who shall break the peace, or be found violating any 
ordinance of the city, commit for examination, and, if ne- 
cessary, detain such persons in custody over night or the 
Sabbath, in the watch house or any other safe place, or until 
they can be brought before the police justice ; and shall 
have and exercise such other powers as conservators of the 
peace, as the city council may prescribe. 

Aeticle Ylll.—MiseeUaneous Provisio7is. 

§ 1. The city council shall have power to prescribe [pro- imprisonment- 
vide] for the punishment of offenders by imprisonment in 
the county jail, or city prison, if there be one, in all cases 
when such offenders might lawfully be imprisoned under 
the constitution of this state. 



us 



CITFES. 



Annual 
ment. 



Ordinance. 



Place of elec- 
tions. 



Actions. 



Appeals. 



Jnstices. 



§ 2. Tlie city council shall cause to be j^ublished, annu- 
ally, within one month of, and previous to, the election, a, 
full and complete statement of all moneys received and ex- 
pended by the corporation during the preceding year, and 
on what account received and expended by the corporation ; 
said statement to be published in some newspaper j^rinted 
in the city, if there is one, if not, then by posting the same 
in at least three of the most public places in the city, at least 
one week previous to the election. 

§ 3. All ordinances and resolutions passed by the presi- 
dent and board of trustees of the tcwn of Dixon, shall re- 
main in full force until the same shall have been repealed by 
the city council hereby created. 

§ 4. The jM-esent board of trustees of the town of Dixon 
shall have power, and it is hereby made their duty, before 
the first of March next, to designate one place in each ward 
in the city as the place of holding the first election under 
this act, and appoint three judges of election for each ward, 
w^ho shall be sworn faithfully to discharge the duties of their 
ofiice, and shall preside at said first election, canvass the 
votes, and make returns thereof mthin three days there- 
after to the clerk of the tov/ii board, whose duty it shall be 
to notify the persons elected of their election, within three 
days after the town board shall have determined who are 
elected, as provided in the next section. 

§ 5. The president and board of trustees of the town of 
Dixon, shall hold a meeting on the twelfth day of March 
next, tor the purpose of determining who is elected to eacii 
ofiice under this act, and shall cause the ofiicers elected to 
be notified of their election as herein provided. 

§ 6. All actions, fines, penalties and forfeitures, which 
have accrued or m.ay accrue to the president and board of 
trustees of the town of Dixon, for the use of the inhabitants 
thereof!, shall be, and they are hereby declared vested in the 
corporation hereby created, and no suit commenced by the 
president and board of trustees of said town ^hall abate by 
reason of the passage of this act, but may be prosecuted to 
effect, the same as if this act had never been passed, and in 
the name in which the same was originally comjnenced. 

§ 7. Appeal shall be allowed from decisions in all cases 
arising under the provisions of this act, or any ordinance 
passed in pursuance thereof, to the circuit court of Lee 
county, and every such appeal shall be taken and granted in 
the same manner and with like effect as appeals are now 
taken from and granted by justices of the peace to the cir- 
cuit court, under the laws of this state. 

§ 8. Any and all justices of the peace residing within 
the corporate limits of the city, shall have jurisdiction in all 
cases arising under the provisions of this act, or any ordi- 
nance passed in pursuance thereof. 



CITIKS. 149 

§ 9. This act is hereby declared to be a piibhc act, and Public act. 
may be read in evidence in all courts of law and equity 
within this state without proof. 

§ lU. The certihcate of the city clerk, under the seal of CertiScates, 
the city, shall be conclusive evidence of the passage of all 
ordinances and by-laws, and of the legal publication thereof, 
to which it may be attached, in all courts and places. 

§ 11. All actions brought to recover any penalty or for- 
feiture, under this act, or any ordinance, by-law or police 
regulation, made in pursuance thereof, shall be brought in 
the corporate name of the city, and it shall be lawful'to de- 
clare generally in debt for such penalty, fine or forfeiture, 
stating the clause of this act, or the date of the passage of 
the by-law or ordinance, under which the penalty or forfei- 
ture is claimed, and to give the special matter in evidence 
under it. 

§ 12. In prosecution for any violation of any ordinance. Process, 
by-law or other regulation, the first process shall be by sum- 
mons, unless oath or affirmation be made for a warrant as 
herein provided. 

§ lo. A warrant shall issue in all cases in favor of the Warrant 
city of Dixon, for a violation of any ordinance, by-law or 
other regulation, when any person shall make oath or aftirm- 
ation that such a violation has been committed. 

§ li. The city of Dixon, hereby incorporated, shall Liabilities, 
assume all the liabilities of the corporate town of Dixon, 
and the city council shall pi-ovide for the payment of the 
same; and all warrants or orders drawn by the president and 
board of trustees of the town of Dixon, and all warrants 
drawn by order of the city council, shall be received in pay- 
ment of all taxes levied by the city council of Dixon. 

§ 15. Whereas, a question of title to the pubhc square, Public square, 
upon which the court house is now located, in the town of 
Dixon, has been advanced by some of the citizens of the 
county of Lee, and that the exclusive right of said county to its 
occupation and use, as the county seat, has been questioned, 
now, therefore, in order to carry out, in good fai^h, the in- 
tention for which said grant was originally made, the citv 
council are hereby authorized and empowered, on applica- 
tion of the board of supervisors of the county of Lee, to 
make, execute and deliver to said board of super \isors, a 
good and sufiicient deed for said block or public square, so 
long as it shall be used exclusively for a court house square 
and county purposes, and the county seat of said county 
of Lee shall remain at Dixon. 

§ 16. All laws incorporating the town of Dixon, or Repeal, 
amendatory thereof, and all laws in conflict with this act, are 
hereby repealed. 

§ 17. This act to take eflect and be in force from and 
after its passage. 

Appeoved February 19, 1859. 



160 



CITIES. 



ed. 



Amendment. 



In force Febru. AN ACT to amend the act entitled " An act to incorporate the City of Galesburg," 
ary 19, 1859. approved February 14, 1857. 

Section 1. Be it enacted hy the Peojyle of ike State of 
Illinois^ represented in the General Assembly ^ Tluit the pro- 
proviso* repeal- viso, in paragraph thirteen, in section three, of article live, 
of the act entitled "An act to incorporate the cit}^ of Gales- 
burg," approved 14th February, 1857, be and the same is 
hereby repealed, and the city council of said city shall have 
full power to license, tax, regulate or prohibit and suppress 
the several pursuits and business therein mentioned as 
though no such provision were therein contained. 

§ 2. That article seven of said act be and the same is 
hereby amended, so that in all cases of estimating damages 
occasioned by the opening or laying out of public grounds 
or squares, streets, alleys or highways, or sections thereof, in 
said city of Galesburg, or for altering, widening, construct- 
ing, straightening or discontinuing the same, it shall be 
lawful to take into consideration the benefits resulting there- 
from to the owmer of any land taken or afteeted by such 
improvement, and instead of paying to him the value of 
the land taken for the improvement in money he shall be 
entitled only to the value of such land, after deducting 
therefrom the value of such improvement to him or his 
property remaining in the neighborhood. 

Approved February 19, 1859. 



in force Febru- 
ary 18, 1859. 



AN ACT to charter the city of Fulton. 

Article I — Of Boundaries and General Powers. 



Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
Body corporate inhabitants of the town of Fulton city, in the county of 
andpoutic. -WTi^iteside, and state aforesaid, and of the additional terri- 
tory embraced within the boundaries mentioned in the 
following section, be and they are hereby constituted a body 
poHtic and corporate, by the name and style of "The City 
of Fulton"; and by that name shall have perpetual succes- 
sion, and may have and use a common seal, which they 
may change and alter at pleasure. 
Boundaries. § 2. All that district of country embraced within the 

following limits, to wit: Commencing at the northeast comer 
of section thirty-three (33), in township twenty-two (22) 
north, range three (3) east of the fourth princij)al meridian ; 
thence w^est by the north line of said section to the centre 
of the channel of the Mississippi river; thence up the centre 
of said channel to a point opposite the mouth of the " Cat- 



CITIES. 151 

tail Slongh," so called ; thence by the centre of said slough 
to the east line of section twenty-one (21); thence south to 
the point of beginning, and including, also, the whole of 
Lyman Blake's addition to the town aforesaid, as surveyed 
and platted. 

§ 3. In case a majority of said inhabitants shall be in Wards, 
favor of incorporation, as hereinafter mentioned, the present 
board of trustees of the town of Fulton shall, on the third 
(3) Monday ot March next, divide the said city of Fulton 
into two wards, as nearly equal in population as practicable, 
particularly describing the boundaries of each ; appoint three 
judges of elections in each ward, to act in all cases, until 
their successors shall be appointed as hereinafter mentioned; 
fix the times and places of each election, in each ward, until 
the city council shall be elected ; give at least ten days' notice 
in a public newspaper, published in the city of Fulton, or 
by posting up written or printed notices in four public places 
within the boundaries of said corporation, of the time and 
place of holding said election, and make a full report of the 
same to the city council, when elected, at their first meeting, 
as required by law. 

§ 4. The inhabitants of said city, by the name and style Powers, 
aforesaid, shall have power to sue and be sued, to plead and 
be impleaded, defend and be defended, in all courts of law 
and equit_y, and in all actions whatever; to purchase, receive 
and hold property, both real and personal, in said city; to 
sell, lease and convey or dispose of property, and do all other 
things in relation thereto as natural persons. 

Article II — Of the City Council. 

The qualifications, powers and duties of the city coun- Council, 
cil shall be, in all respects, the same as are defined in ^ 

article second of "An act to charter the city of Ottawa," 
approved February 10, 1853 — all of the provisions of which 
article are hereby incorporated into and made part of this 
charter. 

Article III — Of the Chief Excutvve Officer. 

The qualifications, powers and duties of the chief execu- Executive offi. 
tive ofiicer shall be, in all respects, the same as are ^®^- 
defined in article third of "An act to charter the city of 
Ottawa," approved February 10, 1858 — all of the provisions 
of which article are hereby incorporated into and made part 
of this charter. 



152 



CITIES, 



Election. 



Voters. 



Chailenge. 



Returns. 



Powers. 



Ordinances. 



Style. 



Publication 



Article IY — Of Elections. 

§ 1. On the first Monday of April next an election shall 
be held in each ward, of said city for one mayor for the city 
and two aldermen for each ward, and forever thereafter, on 
the lii-st Monday of April of each year, there shall be an 
election held for one mayor for the city and one alderman 
for each ward ; the aldermen to be residents of the ward for 
which they are elected. The first election for mayor and 
aldermen shall be held pnrsuant to notice, to be given as 
provided in section three of article one, and returns thereof 
made by said judges of election to said mayor and alder- 
men so elected. 

§ 2. All free w^iite male inhabitants, over the age of 
tw^enty-one years, w^ho are entitled to vote4'oi' state officers 
and who shall have been actual residents of said city ninety 
days next preceding said election, shall be entitled to vote 
for city officers: Provided^ that said voters shall give their 
votes for mayor and aldermen in the Avards in which they 
shall respectively reside, and in no other; and that no vote 
shall be received at any of said elections unless the person 
offering such vote shall have been ah actual resident of the 
ward where the same is offered at least ten days next prece- 
ding such election. 

§ 3. If the right of any person to vote at any election 
shall be challenged either one of the judges of election may 
administer an oath to such person to make true answ^ers 
touching his qualifications as an elector, and examine him 
on the subject. 

§ 4. The judges of elections shall make returns of the 
elections to the city council, and the clerk of the city council 
shall forthwith forward an abstract, showing the number of 
votes received by each person for mayor, to the governor, 
and certify the same, under the seal oi* the city. 

Article Y — Of the Legislative Powers of the City Council. 

§ 1. The city council shall have, possess and exercise all 
the authority and powers specified and included in the first 
thirty-six sections, (sections 1 to 36, inclusive,) of article 
five of " An act to charter the city of Ottawa," approved 
February 10, 1853 — all of the provisions of which sections 
are hereby incorporated into and made part of this charter. 

§ 2. The city council shall have power to make all ordi- 
nances which shall be necessary and proper for carrying into 
execution the powers specified in this act, so that such ordi- 
nances be not repugnant to nor inconsistent wdth the consti- 
tution of the United States nor of this state. 

§ 3. The style of the ordinances of the city shall be, 
'"'Be it ordained hy tlie City Council of the City of Fulton.^^ 

§ 4. All ordinances passed by the city council shall, 
within ten days offer they shall have been passed, be pub- 



CITIES. 163 

lislied in some newspaper in the city, if there shall be one 
printed, or by posting the same in five pubhc places, and 
shall not be in force, except as aforesaid, imtil they shall 
have been ^^nblished or posted as aforesaid. 

§ 5. All ordinances of the city may be proven by the Proof, 
seal of the coi-poration, and when printed and published in 
book or pamphlet form and purporting to be published by 
authority of the corporation as in force, the same shall be 
received in evidence in all courts and places without fm-ther 
proof. 

§ 6. To remove all obstructions from side-walks, and to obstructions. 
provide for the construction and repair of all side-walks and 
curb-stones, and for the cleaning of the same and the gutters, 
at the expense of the owers of the grounds fronting thereon. 

§ 7. To prevent the incumbering of the streets, lanes, incumbering 
squares and alleys of said city, by the standing of teams, streets. 
drays, or other vehicles, or the erection or removal of build- 
ings or the pihng of lumber or other materials therein; to 
protect shade trees; to compel persons to fasten horses, 
mules and other animals attached to vehicles, while standing 
upon any street, alley, lane or uninclosed lot in said city; 
to prevent the running at large of horses, cattle, sheep, hogs 
and other animals, and to provide for the impounding and 
distraining the same, and to provide for the sale of the same 
for any penalty incurred, and to impose penalties upon the 
owner or owners of any such animals for the violation of 
any ordinance in relation thereto. 

§ 8. To erect and establiish a bridewell or house of cor- BrideweU, 
rection; pass all necessary ordinances for the regulation 
thereof, and appoint keepers and assistants. In the said 
bridewell shall be confined all vagrants, sti-agglers, idle and 
disorderly persons, and all persons sentenced by any court 
or magistrate in and for said city for any assault and battery, 
petit larceny or other misdemeanor, pimishable by imprison- 
ment in any county jail, shall be kept therein, subject to 
labor, and also persons detained for examination for criminal 
offences. 

§ 9. The city council shall have power, by ordinance, to Disorderly 
suppress, abate '^ and resti-ain houses of ill fame or bawdy houses. ' 
houses within the corporative bounds of said city, and to 
impose fines and penalties upon any person or persons for 
keeping, remaining at or found in the same. 

ARTICLE YI — Of the Mayor. 

§ 1. The qualifications, powers and duties of the mayor Mayor, 
shall be in all respects the same as are defined in article 
six of "An act to charter the city of Ottawa," approved 
February 10, 1853; all of the provisions of which article, 
with the exception of the tenth section of said article, are 
hereby incorporated into and made part of this charter. 
— K 



154 



CITIES. 



Veto. 



Teas and nays. 



Jurisdiction, 



Indictment. 



§ 2. Every ordinance or resolution wliicli shall have 
been passed by the city council shall, before they become a 
law, be presented to the mayor for his approval. If he 
approve he shall sign it ; if not, he shall retm^n it with his 
objections to the board; which objections shall be entered 
on the journal at large, and the bill reconsidered. 

§ 3. If after such reconsideration, a majority of all the 
members elected to the board shall agree to pass the same, 
it shall become a law. 

§ 4. In all cases the vote shaU be taken by yeas and 
nays and entered on the joiQiial of the board. 

§ 5. If any ordinance shall not be retm-ned by the 
mayor to the city clerk within five days, Smidays excepted, 
after it shall have been presented to him for his approval, 
the same shall become a law, in the same manner as if he 
had approved and signed it. 

§ 6. He shaU have exclusive jurisdiction in all cases 
arising under the ordinances of the corporaHon, and concm'- 
rent jurisdiction with all other justices of the peace, in all 
civil and criminal cases in the county of Whiteside, arising 
under the laws of this state, and shall receive the same fees 
and compensation for his services as are paid justices of the 
peace in all similar cases: Provided^ that hereafter, in all 
cases, properly recognizable before the mayor of said city, 
as police magistrate, and the said mayor shall be absent or 
otherwise unable to attend to the same, the mayor of said 
city shall have power to designate some one of the justices 
of the peace of said city to discharge the office of mayor, 
in such cases, who, for the time being, shall exercise all 
judicial power of the said mayor. 

§ 7. In case the mayor shall at any time be guilty of a 
palpable omission of duty, or shall willfully and corruptly 
be guilty of oppression, malconduct or partiahty in the 
discharge of the duties of his ofiice, he shall be liable to be 
indicted in the circuit court of Whiteside county, and on 
conviction, he shall be fined not more than two hundred 
dollars, and the i^urt shall have power, on the recommen- 
dation of the jur^, to add to the judgment of the court, that 
he be removed from office. 



Article YII — Assessments for OjMiiiri^ /Streets and Alleys. 



The opening of 
streets. 



§ 1. The city council shall have and exercise all the 
powers over public squares or grounds, streets, alleys, lanes 
and highways, and to make wharves and slips at the ends 
of streets which are conferred upon the city council ot 
Ottawa, in article seven of "An act to charter the city of 
Ottawa," approved February 10, 1853, and all the sections 
of said article seven, from one to eighteen, inclusive, are 
hereby incorporated into and made part of this charter. 



CITIES. 155 

Aeticle YIII — Assessments for Puhlic Imjyrovements. 

§ 1. The citv council shall have all the powers relative Public im- 
to public improvements and assessments therefor, as are set provements. 
forth and defined in article eighth of "An act to charter the 
city of Ottawa," approved February 10, 1853. All of the 
sections of said article eighth are hereby incorporated into 
and made part of this charter. 

§ 2. Within three months after the adoption of this Surrer. 
corporation the city council shall cause the east line of Base 
street, of the city of Fulton, within said corporation, to be * 
smweyed, located and estabhshed; commencing at the cor- 
ner stone of the present town of Fulton City, at the north- 
east corner of lot one (1), in block JN'o. seven (7), in range 
ten (10), and to establish by proper monuments the corner 
of each block, bordering on the east line of said street; 
and shall in like manner and within the same time, survey 
and estabhsh the south line of Ferry street in said town, 
and the corner of each block bordering on said street. 

§ 3. Said survey shall be made by such competent sur- To be recorded 
veyor as the said city council shall deem proper to select. 
The said survey, when made, shall be recorded in the 
recorder's office, in Whiteside county, Illinois, describing 
the breadth of each block, street and alley crossing said 
Base street, and the bearings thereof, together with all the 
particulars of said survey thus located, and shall make out ' 
and file with the city coimcil a copy of said survey, which 
survey shall be evidence of the location of said streets, 
alleys and blocks, and a certified copy thereof from the 
records of the said county, by the keeper of said records, 
shall be received in all courts and places as evidence of 
the location of said streets, blocks and alleys. 

§ 4. Should any building now erected upon stone foun- The removal of 
dation in said town be found, upon the survey, as aforesaid, buildings, 
to encroach or project into any of the streets of said town, 
then the owner or proprietor of the same shall not be com- 
pelled to remove the same within twenty (20) years from 
the passage of this act; but all other buildings to be removed 
at any time on the order of the city council. 

Article IX — Taxation. 

§ 1. • All real estate and personal property within the Taxation, 
limits of the city of Fulton, Whiteside county, IlHnois, shall 
be subject to taxation, and taxes may be levied and collected 
upon the same, for the use and benefit of said city, not 
exceeding one-half of one per cent, per annum upon the 
assessed value thereof. 

§ 2. The assessor shall assess all the real estate and Assessment, 
personal property in said city, so far as practicable; he shall 
ascertain the name of all owners of taxable property and 



156 CITIES. 

tlie amount of all taxable real estate and personal property, 
and for tins purpose he shall call upon each taxable inhabi- 
tant in said city : Provided^ that the annual tax upon any 
ferry franchise established at said city, assessed by the 
supervisors of the county, shall be paid over, when collected, 
to the city treasurer, and no other tax shall be imposed upon 
said franchise by the city. 
Ryii, § 3. The assessor shall prepare an assessment roll, with 

a caption, in substance as follows : "An assessment roll of 
all the real estate and personal j)roperty within the limits of 
the city of Fulton, Whiteside county, Illinois, made by the 
assessor of said city, for the year 18 — ;" and shall set down 
in separate columns, according to the best information in 
his possession — 

First. — The names of all owners, if known, of all taxable 
real estate within the limits of said city. If the owner is 
is unknown, it shall be so stated. 

Second. — The description of aU real estate opposite the 
name of the owner, or word "unknown," ^'hen the name 
of the owner cannot be ascertained. 

Third. — The value of the real estate opposite the descrip- 
tion. 

Fourth. — The amount of tax assessed oj^posite to the 
value. 

The said assessment roll shall also contain in parallel col- 
jimns — 

• First. — The names of the owners of personal property, 
subject to taxation, in alphabetical order. 

becond. — The assessed value of the personal property taxed 
to each individual. 

Third. — The amount of tax on each individuaFs personal 
property. 
Further pro- § ^' ^^cr the provisious of sections two and three of 
ceedings. this article shall have been complied with, the same pro- 
ceeding shall be had and observed in relation to such assess- 
ment and the collection thereof as are prescribed and set 
forth in the fourth, fifth, sixth, seventh, eighth and ninth 
sections of article 9 (nine,) of "An act to charter the city of 
Ottawa," approved February 10, 1853, which sections of 
said article are hereby incorporated into and made a part 
of this charter, as fully as if herein set forth at length. 
Publication. § 5. Within twenty days after the return of said list 

provided for in said sections, the clerk shall cause the same 
to be published in a newspaper printed in said city, together 
with a notice, in substance as follows: "It appearing from 
the return of the collector that the taxes on the above 
described parcels of real estate remain unpaid, notice is 
hereby given that the said real estate will be exposed in 

separate parcels at public auction, on the day of 

, 18 — , at 10 o'clock in the forenoon, at the — , 

in Fulton, and sold for the pm^Dose of making said taxes, 



CITIES. 157 

and fifty cents for cost of selling each lot or parcel, in case 
of sale;" said day of sale shall be at least thirty days after 
the pubHcation of said notice. 

§ 6. The provisions of sections eleven, twelve, thirteen, 
fomteen, fifteen and sixteen of said article 9 (nine,) of said 
act entitled "An act to charter the city of Ottawa," approved 
February 10, 1853; and all the proceedings therein set 
forth, shall be pursued and observed in the sale of lands for 
taxes in said city of Fulton ; and the said sections, (excepting 
that in section foui'teen, the word "Ottawa," shall be changed 
to the word Fulton,) of said article 9 (nine,) are hereby 
incorporated into and made part of this charter, as fully as 
if herein set forth at length. 

Aeticle X — Miscellaneous Provisions. 

§ 1. The inhabitants of the city of Fulton are hereby Exemption, 
exempt from working on any road beyond the limits of the 
city, and from paying any tax to j^rocure laborers to work 
on the same : Provided^ hoicever^ that the city council may Proviso, 
cause a portion of the labor upon roads by said inhabitants 
to be expended upon roads leading from said city and with- 
out the corporate limits, but within township twenty-two 
(22) north, range three (3) east of the fourth principal meri- 
dian, not exceeding one-half of such labor, and may also 
cause a portion of the road tax, not exceeding one-half, to 
be so expended dming any year. 

§ 2. The city council shall have power to require every street labor, 
male inhabitant in said city, over twenty-one years of age, 
to labor on the streets, lanes, avenues, alleys and other 
highways, to keep the same in repair, not exceeding three 
days in each year, and any person failing to perform such 
labor, when duly notified by the supervisor, shall forfeit 
and pay the sum of one dollar per day for each of said 
days. 

§ 3. The city council shall have power to pro\'ide for the imprisonment, 
punishment of off'enders by imprisonment in the county or 
city jail, in all cases where such ofl'enders shall fail or refuse 
to pay the tines and forfeitures which may be recovered 
against them, and said city council may also pro^-ide that 
such off'enders failing or refusing to pay such fines and 
forfeitm-es, instead of being committed to jail may be 
required to labor upon the streets until the whole fine and 
costs shall be paid, at the same rate per day as may be 
allowed, as a forfeiture, for a failure to perform street labor, 
under the direction of the street commissioner. 

§ 4. The city council shall cause to be pubhshed, annually. Statement. 
a full and complete statement of all moneys received and 
expended by the corporation during the preceding year, and 
on what account received and expended. 



CITIES. 



§ 5. All ordinances and resolutions of tlie town of Fnlton 
City sliall remain in force until tlie same shall have been 
repealed by the city council bei'eby created. 

§ 6. All suits, actions and prosecutions instituted, com- 
menced or brought by the corporation hereby created, shall 
be instituted, commenced and prosecuted in the name of the 
city of Fulton. 

I 7. All actions, fines, penalties and forfeitures which 
have accrued to the president and trustees of the town of 
Fulton City, shall be vested in and prosecuted by the corpo- 
ration hereby created. 

§ 8. All property, real and personal, and all books and 
papers heretofore belonging to the president and trustees of 
the town of Fulton City, for the use of the inhabitants of 
said town, shall be and are hereby declared to be vested in 
the corporation hereby created. 

§ 9. This charter shall not invalidate any act done by 
the president and trustees of the town of Fulton City, nor 
divest them of any rights which may have accrued to them 
prior to the passage of this act. ^ 

§ 10. 'No person shall be an incompetent judge, justice, 
witness or juror by reason of his being an inhabitant or 
freeholder of the city of Fulton, in any action or proceeding 
in which the said city is a party in interest. 

§ 11. The president and trustees of the town of Fulton 
City shall, immediately after the passage of this act, take 
measures to promulgate this act within the limits of the city 
of Fulton. 

§ 12. Appeals shall be allowed from decisions in all 
cases arising under the provisions of this act, or any ordi- 
nance passed in pursuance thereof to the circuit court of 
Whiteside county, excejDt as hereinbefore excepted, and 
every such appeal shall be granted in the same manner and 
with like effect as appeals are taken from and granted by 
justices of the peace to the circuit com-t under the laws of 
this state. 

§ 13. Whenever the mayor shall absent himself from 
the city or resign or die, or his office shall be otherwise 
vacated, the board of aldermen shall immediately proceed 
to elect one of their number president, who shall be mayor, 
pro tempore. 

§ 14. This act is hereby declared to be a public act, and 
may be read in evidence in all courts of law and equity in 
this state without proof. 

§ 15. The city marshal, or any other officer authorized 
to execute writs or any other process issued by the mayor, 
shall have power to execute the same anywhere within the 
limits of the county of Whiteside, and shall be allowed the 
same fees for traveling as are aUowed to constables in simi- 
lar cases. 

§ 16. The present board of trustees of the town of Ful- 
ton City shall cause an election to be held in said town on 



CITIES. 159 

the third Mond-ay of March next, at which the inhabitants 
residing within the territory described in the second section 
of article one of this act, who are authorized to vote for 
state officers, shall vote for or against the adoption of this 
charter, and if a majority of the votes given at such election 
shall be in favor of the adoption of said charter, it shall 
immedialely take effect as a law; but if a majority of the 
votes given shall be against the adoption of said charter, 
then this act to be of [no] effect. 

§ 17. JSTo provision of this act shall be so construed as License. 
to authorize the sale of ardent spirits in a less quantity than 
is now provided by law. 

§ 18. The mayor and aldermen shall be entitled to such Compensation, 
compensation for their services, in addition to that herein- 
before provided for the mayor, as the inhabitants of said city, 
at an election called for that purpose, shall vote to allow them, 
and no other or fm'ther compensation shall be allowed them. 

§ 19. Iso money shall be borrowed by the city council Borrow money. 
until the ordinance passed therefor shall be submitted to 
and voted for by a majority of the voters of said city 
attending an election held for that purpose. 

§ 20. The city council may, at any time hereafter, pro- Elections. 
\T[de by ordinance, for the future election by the inhabitants 
of said city, of such city officers as they may deem it advis- 
able to have so elected. 

§ 21. All fines and penalties, recoverable by indictment. Fines. 
or action for any offences committed within the limits of the 
city, and which are now required by law to be paid into the 
comity treasury shall hereafter be paid into the city treasmy 
for the use of said city. 

§ 22. Deeds of sale of land for taxes heretofore made Tax deeds. 
under the ordinances of the town of Fulton City, may be 
executed by the mayor of the city. 

§ 23. If the inhabitants of said territory described in Failure to 
section two of article one, shall not adopt this charter on ^^^^^ charter, 
the third Monday of March next, the board of trustees of 
the town of Fulton City may, at any time thereafter, cau-se 
an election to be held as hereinbefore provided for, and they 
shall have the same powers and perform the same duties as 
imposed upon them relative to said election upon said thu*d 
Monday of March. 

§ 24. ALL acts or parts of acts coming within the provis- Repeal, 
ions of this charter or contrary to or inconsistent with its 
provisions are hereby repealed : Pmmded^ hoioever^ that this ProTiso. 
act shall not be so construed as to annul or impair the exist- 
ing rights of any corporation under any special charter 
heretofore granted by this state, nor to authorize the annex- 
ation of any territory or lands to said city without the con- 
sent of the owner or owners thereof. 

§ 25. This act shall be in force from and after its approval. 

Appkoved February 11, 1859. 



160 



In force Feb'r 
24,1859. 



Xame. 



imits. 



"Wards. 



Additions. 



Powers. 



CITIES. 

AN ACT to incorporate the city of Hamilton. 

Aeticle I. 

Section 1. Be it enacted, hy the People of the State of 
Illinois^ Tejpresented in the General Assemhly, That the 
inhabitants of the town of Hamilton, in the county of Han- 
cock and state of Illinois, be and they are hereby constituted 
a body pohtic and corporate, by the name and style of " The 
City of Hamilton," and by that name shall have per]3etual 
succession, and may have and use a common seal, which 
they may change and alter at pleasure. 

§ 2. The corporate limits and jurisdiction of the city of 
Hamilton shall be all that tract of country situated in the 
county of Hancock and state of Illinois, embraced within 
the following boundaries, to wit : Beginning in the middle 
of the main channel of the MississipjDi river, at a point due 
west of the northwest corner of the southeast quarter of 
section number nineteen (19), in township five north of the 
base line, of range eight west of the fourth principal meri- 
dian ; thence east to the corner of said quarter section : 
thence east along the half section line through sections 
nineteen (19) and twenty (20), to the cen^e of section twen- 
ty-one (21), in said township ; thence south on the half sec- 
tion line to the southeast corner of the southwest quarter of 
section thirty-three (33); thence west on the township line 
to the Mississijopi river; thence due west to the middle of 
the main channel of the same ; thence up said river, along 
the main channel thereof, to the place of beginning. 

§ 3. The present board of trustees of the town of Ham- 
ilton shall, on or before the first day of March next, divide 
the said city of Hamilton into three wards, as nearly equal 
in population as practicable, particularly describing the 
boundaries of each. 

§ 4. Whenever any tract of land adjoining the city of 
Hamilton shall have been laid ofl' into town lots and duly 
recorded, as required by law, the same shall be annexed to 
and form a part of the city of Hamilton. 

§ 5. The inhabitants of said city, by the name and style 
aforesaid, shall have power to sue and be sued, to implead 
and be impleaded, defend and be defended, in all courts of 
law and equity, and in all actions whatsoever ; to purchase, 
receive and hold property, real and personal, in said city ; 
to purchase, receive and hold property, both real and i^er- 
sonal, beyond the city, for burial grounds or for other public 
purposes, for the use of the inhabitants of said city; to sell, 
lease, convey or dispose of property, real and personal, for 
the benefit of the city, and to improve and protect such pro- 
perty, and to do all other things in relation thereto as natu- 
ral persons. 



CITIES. 161 

Aeticle II. — Of the City Council. 

§ 1. There shall be a city coimcil, to consist of a mayor council, 
and board of aldermen. 

§ 2. The board of aldermen shaU consist of two mem- Aldermen, 
bers from each ward, to be chosen by the qualified voters 
for two years. 

§ 3. Xo person shall be an alderman unless, at the time EiigibUitr. 
of his election, he shaU have resided six months within the 
limits of the city, and shall be, at the time of his election, 
twenty-one years of age and a citizen of the United States. 

§ 4. If any alderman shall, after his election, remove Removal. 
from the ward for which he is elected, or cease to be a free- 
holder in said city, his office shall thereby be vacated. 

§ 5. At the first meeting of the city council, the alder- Classes. 
men shall be divided, by lot, into two classes; the seats of those 
of the first class sbaU be vacated at the expiration of the first 
year, and of the second class at the expiration of the second 
year, so that one-half of the board shall be elected annually. 

§ 6. The city council shall judge of the qualifications, Qualifications, 
elections and retm-ns of theii- own members, and shall de- 
termine all contested elections. 

§ 7. A majority of the city council shall constitute a Quorum, 
quorum to do business ; but a smaller number may adjom-n 
from day to day and compel the attendance of absent mem- 
bers under such penalties as may be prescribed by ordi- 
nance. 

§ 8. The city council shaU have power to determine the Rules, 
rule of its procedings, punish its members for disorderly 
conduct, and, with concurrence of two-thii'ds of the members 
elected, expel a member. 

§ 9. The city council shaU keep a journal of its proceed- Journal, 
ings, and, from time to time, pubhsh the same ; and the 
yeas and nays, when demanded by any member present, 
shall be entered on the joui-nal. 

§ 10. JN'o alderman shaU be appointed to any office un- Prohibition. 
der the authority of the city, which shall have been created, 
or the emoluments of which shall have been increased, dm-- 
ing the time for which he shall have been elected. 

§ 11. All vacancies that shall occur in the board of Vacancies, 
aldermen shall be filled by election. 

§ 12. The mayor and each alderman, before entering Oath, 
upon the duties of their office, shall take and subscribe an 
oath that they will support the constitution of the United 
States and of this State, and that they will well and truly 
perform the duties of theii- office to the best of their skill 
and abilities. 

§ 13. Wlienever there shall be a tie in the election of Tie. 
aldennan, the judges of election shaU certify the same to 
the mayor, who shall determine the same, by lot, in such 
maimer as shall be prescribed by ordinance. 



CITIES. 



§ 14. There shall be twelve stated meetings of the city 
council in each year, at such times and places as may be 
prescribed by ordinance. 

Article III. — Oj- the Chief Executive Officer. 

Major. § 1- The chief executive officer of the city shall be a 

mayor, who shall be elected by the qualified voters of the 
city, and he shall hold his office for one year and until his 
successor shall be elected and qualified. 

Eligibility. § 2. JSTo persou shall be eligible to the office of mayor, 

who shall not have been a resident of the city for one year 
next preceding his election, or who shall be under twenty- 
one years of age, or who shall not, at the time of his elec- 
tion, be a citizen of the United States. 

Removal. § 3. If any mayor shall, during the time tor which he 

shall have been elected, remove from the city, or shall cease 
to be a freeholder in said city, his office shall be vacated. 

Tie. § 4. "When two or more persons shall have an equal 

number of votes for mayor, the judges of election shall cer- 
tify the same to the city council, who shall j)roceed to deter- 
mine the same, by lot, in such manner as may be provided 
by ordinance. 

Contest. § 5. Whenever an election of mai5;^or shall be contested 

the city council shall determine the same in such manner 
as may be prescribed by ordinance. 

§ 6. AYhenever any vacancy shall happen in the office 
of mayor, it shall be fiUed by election. 

Article IY. — Of Elections. 

§ 1. On the first Monday of April next an election shall 
be held in each ward of said city, for one mayor, one mar- 
shal for the city, two aldermen for each ward ; and forever 
thereafter, on the first Monday of April of each year, there 
shall be an election held for one mayor, one marshal for the 
city, and one alderman for each ward. The first election 
for mayor, marshal and aldermen shall be held, conducted, 
and returns thereof made, as may be provided by ordinance 
of the present trustees of the town of Hamilton. 
Voters. § 2. All free white male inhabitants, over the age of 

twenty-one years, who are entitled to vote for state officers, 
and who shall have been actual residents of said city ninety 
days next preceding said election, shall be entitled to vote 
for city officers : Pi'omded^ that said voters shall give their 
votes for mayor, marshal and alderman in the wards in which 
they respectively reside, and in no other, and that no vote 
shall be received at any of said elections, unless the person 
ofi*ering such vote shall have been an actual resident of the 
ward where the same is offered, at least ten days next pre- 
ceding such election. 



Vacancy. 



Election. 



CITIES. 163 

Article Y. — Of the Legislative Powers of the City Council. 

§ 1. The city council shall have power and authority to Taxes, 
levy and collect taxes upon all property, real and personal, 
within the limits of the city, not exceeding one-half per cent, 
per annum, upon the assessed value thereof, and may en- 
force the payment of the same in any manner to be pre- 
scribed by ordinance, not repugnant to the constitution of 
the United States and of this state. 

§ 2. That the city council of the city of Hamilton shall Officers. 
have power to appoint a clerk, treasurer, assessors, street 
commissioner or commissioners, and all such other officers 
as may be necessary. 

§ 3. The city council shall have power to require of all Bonds, 
officers appointed in pursuance of this charter, bond, with 
penalty and security, for the faithful performance of their 
respective duties, as may be deemed expedient ; and also to 
require all officers, appointed as aforesaid, to take an oath 
for the faithful performance of the duties of their respective 
offices, before entering uj)on the discharge of the same ; to 
establish, support and regulate common schools ; to borrow 
money on the credit of the city : Provided^ that the city 
council shall not have power to borrow at a higher rate of 
interest than ten per cent., and shall not hj means of bonds, 
loans, scrip, or any other manner whatever, create a debt 
that shall exist, at any one time, beyond the sum of ten thou- 
sand dollars. 

§ 4. To appropriate money, and provide for the pay- Appropriati'ns 
ment of the debt and expenses of the city. 

§ 5. To make regulations to prevent the introduction of Diseases, 
contagious diseases into the city, and to make quarantine 
laws for that j)nrpose and enforce the same within two miles 
of the city. 

§ 6. To establish hospitals and make regulations for the Hospitals, 
government of the same. 

§ T. To make regulations to secure the s^eneral health of Health, 
the inhabitants ; to declare what shaU be a nuisance, and to 
prevent and remove the same. 

§ 8. To provide the city with water ; to erect hydrants Water. 
and pumps in the streets, for the convenience of the inhab- 
itants. 

§ 9. To open, alter, abolish, T\dden, extend, establish, Streets. 
grade, pave or otherwise improve and keep in repair streets, 
lanes, avenues and alleys. 

§ 10. To establish, erect and keep in repair bridges. Bridges. 

§ 11. To divide the city into wards, alter the bouudaries wards. 
thereof, and erect additional wards, as the occasion may re- 
quire. 

§ 12. To provide for lighting the streets and erecting Light. 
lamp posts. 

§ 13. To establish, support and regulate night watches, xight watches. 



164: 



CITIES. 



Markets- 
Public build- 
ings. 

Public grounds 
Navigation. 

TTharves. 
License. 



Disorderly 
houses. 



Fires. 



Chimneys. 

Wooden build- 
ings. 

Combustibles. 



Walls and 
fences. 

Weights and 
measures. 



Inspection. 



Bread. 



§ 14. To erect market houses, establish markets and 
market places, and provide for the government and regula- 
tion thereof. 

§ 15. To provide for the erection of all needful build- 
ings for the use of the city. 

§ 16. To provide for inclosing, improving and regulat- 
ing all public grounds belonging to the city. 

§ 17. To improve and preserve the navigation of the 
Mississippi river within the limits of the city. 

§ 18. To erect, rej)air and regulate public wharves and 
docks ; to regulate the erection and repair of private wharves 
and the rates of wharfage thereat. 

§ 19. To license, tax and regulate auctioneers, mer- 
chants and retailers, groceries, taverns, ordinaries, hawkers, 
peddlers, brokers, pawnbrokers and money changers. 

§ 20. To license, tax and regulate hackney carriages, 
wagons, carts and drays ; fix the rates to be charged for the 
carriage of persons, and for the wagonage, cartage and 
drayage of property. 

§ 21. To license and regulate porters and fix the rate of 
porterage. 

§ 22. To license, tax and regulate theatrical and other 
exhibitions, shows and amusement^ 

§ 23. To restrain, prohibit and suppress tippling houses, 
dram shops, gaming houses, bawdy houses and other dis- 
orderly houses. 

§ 21, To provide for the prevention and extinguishment 
of fires, and to organize and establish fire companies. 

§ 25. To regulate the fixing of chimneys, and fix the 
flues thereof. 

§ 26. To regulate or prohibit the erection of wooden 
buildings in any part of the city. 

§ 27. To regulate the storage of gunpowder, tar, pitch, 
rosin and other combustible matter. 

§ 28. To regulate and order parapet walls and partition 
fences. 

§ 29. To establish standard weights and measures, and 
regulate the weights and measures to be used in the city, in 
all cases not otherwise provided for by law. 

§ 30. To provide for the inspection and measiii-ement of 
lumber and other building materials, and for the measm'e- 
ment of all kinds of mechanical work. 

§ 31. To provide for the inspection and weighing of 
hay and stone coal, the measuring of charcoal, firewood and 
other fuel, to be sold or used within the city. 

§ 32. To provide for and regulate the inspection of to- 
bacco, beef, pork, flour, meal and whisky, in barrels. 

§ 33. To regulate the inspection of butter, lard and 
other provisions. 

§ 34. To regulate the weight, quahty and price of bread 
to be sold and used in the city. 



CITIES. 165 

§ 35. To regulate the size of brick to be sold or used in Brick. 
tbe city. 

§ 36. To provide for taking enumeration of the inbabi- Census. 
tants of the citj. 

§ 37. To regulate the election of city officers, and pro- Officers. 
vide for remo\'ing from office any person holding an office 
created by ordinance. 

§ 38. 'To fix the compensation of city officers, and regu- Compensation. 
late the fees of jurors, ^^itnesses and others, for services 
rendered under this act or any ordinance. 

§ 39. To regulate the police of the city, to impose fines, Police, 
forfeitures and penalties for the breach of any ordinance, 
and provide for the recovery and appropriation of such fines 
and forfeitures and the enforcement of such penalties. 

§ 40. The city council shall have exclusive povrer, Tvith- Ferries. 
in the city, by ordinance, to license, regulate and restrain 
the keeping of ferries, and to suppress and restrain billiards : 
Provided, that nothing herein contained shall be so constiii- 
ed as to interfere with former chartered rights heretofore 
existing. 

§ 41. The city council shall have power to make all or- Ordinances, 
dinances which shall be necessary and proper for carrying 
into execution the powers specified in this act, so that such 
ordinances be not repugnant to nor inconsistent with the 
constitution of the United States or of this state. 

§ 42. The style of the ordinances of the city shall be, style. 
"Be it ordained by the City Council of the City of Hamil- 
ton." 

§ 43. All ordinances passed by the city council shall, Publication. 
within one month after they shall have been passed, be pub- 
hshed in some newspaper published in the city, and shall 
not be in force until they shall have been published as afore- 
said. 

§ 44. All ordinances of the city may be proven by the Proof. 
seal of the corporation, and, when printed or published in 
book or pamphlet form, and pm^porting to be printed and 
pubHshed by the authority of the corporation, the same 
shall be received in evidence in all comts and 2:)laces, with- 
out further proof. 

ARTICLE YI — Of the Mayor, 

§ 1. The mayor shall preside at all meetings of the city Mayor, 
council, and shall have the casting vote, and no other. In 
case of nonattendance of the mayor at any meeting the 
board of aldermen shall appoint one of theii' own members 
chairman, who shall preside at tlie meeting. 

§ 2. The mayor or any two of the aldennen, may call Special meet- 
special meetings of the city council. ^°°^" 

§ 3. The mayor shall, at all times, be active and vigilant ^^^^^^ of 
in enforcing the laws and ordinances for the government of ^^^^^' 



166 



CITIES. 



Aid. 



Exhibit. 



Jurisdiction. 



Salary. 



Indictment. 



the city ; lie shall inspect tlie conduct of all subordinate of- 
ficers of said city, and cause negligence and positive viola- 
tion of duty to be presented and punished ; he shall, from 
tune to time, communicate to the aldermen such information 
and recommend all such measures as, in his opinion, may 
tend to the improvement of the finances, the police, the 
health, security, comfort and ornament of the city. 

§ 4. He is hereby authorized to call on every male in- 
habitant of said city, over the age of eighteen years, to aid 
in enforcing the laws and ordinances ; and, in case of riot, 
to call out the militia, to aid him in suppressing the same, 
or in carrying into eff'ect any law or ordinance ; and any 
person who shall not obey such call shall forfeit to the said 
city a fine not exceeding five dollars. 

§ 5. He shall have power, whenever he may deem it ne- 
cessary, to require of any oflicer of said city an exliibit of 
his books and papers. 

§ 6. He shall have power to execute all acts that may be 
requu'ed of him by ordinance made in pursuance of this act. 

§ 7. He shall also have jurisdiction as may be vested 
in him by ordinance of the city, ia and over all places, Avith- 
in two miles of the boundaries of the city, for the purpose 
of enforcing the health and quarantine ordinances and regu- 
lations thereof. 

§ 8. And he shall receive for his services such salary as 
shall be fixed by an ordinance of the city. 

§ 9. In case the mayor shall at any time be guilty of a 
palpable omission of duty, or shall willfully and corruptly 
be guilty of oppression, malconduct or partiality in the dis- 
charge of the duties of his ofiice, he shall be liable to be in- 
dicted in the circuit court of Hancock county, and, on con- 
viction, he shall be fined not more than two hundred dol- 
lars ; and the court shall have power, on the recommends 
tion of the jury, to add to the judgment of the court that h( 
be removed from ofiice. 



Article YII. 



Opening 
streets. 



Petition. 



§ 1. "Wlien it shall be necessary to take private property 
for opening, widening or altering any public street, lane av- 
enue or alley, the corporation shall make a just compensa- 
tion to the person or persons whose property is taken ; and 
if the amount of such compensation cannot be agreed on, tli( 
mayor shall cause the same to be ascertained by jury of si: 
disinterested freeholders of the city. 

§ 2. When the owners of all the property on a street 
lane, avenue or alley, proposed to be opened, widened o 
altered, shall petition therefor, the city council may open 
widen or alter such street, lane, avenue or alley, upon con 
dition to be prescribed by ordinance; but no compensp 
tion shall in such cases be made to those whose propert- 



CITIES. 167 

shall be taken for the opening, widening or altering such 
street, lane, avenue or alley ; nor shall there be any assess- 
ment of benefits or damages that may accrue thereby to any 
of the petitioners. 

§ 3. All jurors empanneled to inquire into the amount of inquest, 
benefits or damages which may happen to the owner or own- 
ers of property proposed to be taken for opening, widening 
or altering any street, lane, avenue or alley, shall first be 
sworn, to that effect, and shall return to the mayor their in- 
quest, in writing, and signed by each juror. 

§ 4. In ascertaining the amount of compensation for j^ro- Benefits and 
perty taken for opening or widening or altering any street, damages. 
lane, avenue or alley, the jury shall take into consideration 
the benefits as well as injury happening by such opening, 
widening or altering such street, lane avenue or alley. 

§ 5. The mayor shall have power, for good cause shown, Mayor may set 
within ten days after any inquest shall have been returned ^^^^^ inquest. 
to him, as aforesaid, to set the same aside and cause a new 
inquest to be made. 

§ 6. The city council shall have power, by ordinance, to Special tax. 
levy a special tax on the holder or holders of lots or parts 
of lots in any street, lane, avenue or alley, or part of any 
street, lane avenue or alley, according to their respective 
fronts owned by them, for the purpose of paving and 
grading or planking the sidewalks and lighting said street, 
lane, avenue or alley. 

§ Y. ]^o hcense shall be granted, either by the city coun- License. 
cil or by the comity court or board of supervisors of Han- 
cock county, for the retailing of spirituous liquors in any 
quantity whatever; and all fines or penalties which may 
hereafter be recovered, either in the circuit court or before 
JTXstices of the peace, for selling rum, gin, brandy, whisky, 
wi\ie or other spirituous or mixed liquors, without license, 
witVn the limits of said city, shall be paid into the city 
treas\^ry. 

§ 8; The city council shall provide, by ordinance, ade- Penalties, 
quate ]^^enalties against selling spirituous, vinous or malt 
liquors Sc)r other than medical, mechanical or sacramental 
purposes ; and may provide against the same being drank 
on the premises when sold ; may provide, by adequate pen- 
alties, again'^t giving away any of said liquors to minors or 
intemperate ^persons or permitting minors or intemperate per- 
sons to resort to or frequent such places where such hquors 
are kept for sale. 

Article YIII — Miscellaneous Provisions. 

§ 1. The inhabitants of the city of Hamilton are hereby Exemption, 
exempted from working on any road beyond the hmits of 
the city, and from paying tax to procui'e laborers to work 
on the same. 



168 



CITIES. 



Street labor. § 2. The City coimcil sliall have power, for the purpose 
of keeping the streets, lanes, avenues and alleys in repair, 
to require of every male inhabitant cf said city, over the 
age of twenty-one years, to labor on said streets, lanes, avenues 
and alleys, not exceeding three days in each and every year ; 
and any person failing or refusing to perform such labor, when 
duly notified by the supervisor, shall forfeit and pay the sum 
of one dollar per day for each day so neglected or refused. 

Imprisonment. § 3. The city council shall have power to provide for the 
punishment of offenders, by imprisonment in the county 
jail, in all cases where such offenders shall fail or refuse to 
pay the fines and forfeitm*es which may be recovered against 
them. 

Statement. § 4. The city council shall cause to be published, annu- 

ally, a full and complete statement of all moneys received 
and expended by the corporation during the preceding year, 
and on what account received and expended. 

Suits. § 5. All suits, actions and prosecutions instituted, com- 

menced or brought by the corporation hereby created shall 
be instituted, commenced and prosecuted in the name of the 
City of Hamilton. 

Appeals. § 6. Appeal shall be allowecl from decisions in all 

cases arising under the provisions of this act or any ordi- 
nance passed in pursuance thereof to the circuit court of 
Hancock county ; and every such appeal shall be taken and 
granted in the same maner and with like eftect as appeals 
are taken from and granted by justices of the peace to the 
circuit court under the laws of this state. 

Animals. § 7. The city comicil shall have the power to regulate, 

by ordinance, the running of horses, mules or asses, attach- 
ed to wagons or otherwise, and to prevent the same from 
being left without being securely fastened, so as to prevent 
them from running away within the limits of the city, with 
adequate penalties, to prevent the same. 

Marshal. § 8. The city marshal or any other officer authorized to 

execute writs or other process issued by the mayor shall have 
power to execute the same anywhere within the limits of 
the county of Hancock, and shall be entitled to the same 
fees for traveling as are allowed to constables in similar 
cases. 

§ 9. At the regular election of mayor and other city of- 
ficers there shall, also, be elected one or more police magis- 
trates, as shall be previously determined by ordinance, who 
shall have exclusive jurisdiction in all cases arising under 
the ordinance of the corporation and concurrent jurisdiction 
with all other justices of the peace in all civil and criminal 
cases. 

Fines. § 9. That all fines, penalties and forfeitures inflicted by 

or recovered before the police magistrate of said city of 
Hamilton, whether for violating the city ordinances or the 
laws of the state, shall be paid into the treasury of said city; 



Police 
irate. 



magis- 



CITIEC. 169 

and it shall be the duty of said magistrates and all other of- 
ficers to account for and pay over all such fines, penalties 
and forfeitures, as may be collected by them, to the treasurer 
of said city, on the first Mondays of March, June, Septem- 
ber, December of each and every year hereafter. 

§ 10. All ordinances and resolutions passed by the pre- Ordinances, 
tident and trustees of the town of Hamilton shall remain in 
force until the same shall have been repealed by the city 
council hereby created. 

§ 11. All property, real and personal, heretofore belong- Propertr. 
ing to the president and trustees of the town of Hamilton, 
for the use of the inhabitants of said town, shall be and the 
same is hereby declared to be vested in the corporation 
hereby created. 

§ 12. This charter shall not invalidate any act done by Rights, 
the president and trustees of the town of Hamilton, nor dit 
vest them of any right which may have accrued to them 
prior to the passage of this act. 

§ 13. The president and trustees of the town of Hamil- Publication, 
ton shall, immediately after the passage of this act, take 
measures to promulgate this law within the limits of the 
city of Hamilton, and issue their proclamation for the elec- 
tion of officers, and cause the same to be published -in all 
the newspapers in said city, for two weeks in succession, 
prior to the day of election of said city ofiicers. 

§ 1 1. This act is hereby declared to be a public act, and Public act, 
may be read in evidence in all comls of la^' and equity in 
this state, without proof. 

§ 15. The president and trustees of the town of Hamil- Election, 
ton shall cause an election to be held in said town, on the 
third Wednesday in March next, or as soon thereafter as 
convenient, at which the inhabitants of said town, who are 
authorized to vote for state ofiicers, shall vote for or against 
tlie adoption of this charter ; and if a majority of the votes 
given at such election shall be in favor of the adoption of 
said charter then it shall immediately take eflect as a law ; 
but if a majority of the votes given shall be against the 
adoption of said charter then this act to be of no eftect. 

Approved February 24, 1859. 



AN ACT to incorporate the city of La Harpe. j^ fopce Yeh'j 

24, 1859. 

Article I. — Of Boundaries and General Powers. 

Section 1. Be it enacted hy the People of the State of 
^Ui7iois, rej) resented in the General AsserrMy, That the inhab- Corporation, 
.tants of the town of La Harpe, in the county of Hancock, 
L— 



170 



CITIES. 



Wards. 



General pow- 
ers. 



and state of Illinois, be and tliey are hereby constituted . 
body politic and corporate, by the name and style of "Tli 

style. City of La Ilarpe;" and by that name shall have perpetut; 

succession, and may have and use a common seal, which 
they may change and alter at pleasure. 

Limits. § 2. All that district of country embraced within the fcO 

lowing boundaries, to wit: beginning at the southwest coi 
ner of section sixteen, in township seven north, of ranii 
five west of the fourth principal meridian, in Hancoci 
county, state of Illinois ; thence south to centre of section 
twenty-eight ; thence east to centre of section twenty-sevei. 
thence north to centre of section fifteen ; thence west toplac 
of beginnino', is hereby declared • within the boundaries > 
said city of La Harpe. 

§ 3. The present board of trustees of the town of Lu 
Harpe shall, on or before the second Monday of April next^ 
divide the said city of La Harpe into two wards, as nearly 
equal in population as practicable, particularly describing 
the boundaries of each. 

§ 4. The inhabitants of said city, by the name and style 
aforesaid, shall have power to sue and be sued, to implead 
and be impleaded, defend and be defended, in all courts of law 
and equity, and in all actions whatsoever; to purchase, receive 
and hold property, both real and personal, in said city; to pur- 
chase, receive and hold property, both real and personal, be- 
yond the city, for burial grounds or for other public purposes, 
for the use of the inhabitants of said city; to sell, lease, con- 
vey or dispose of property, real and personal, for the benefit 
of the city, and to improve and protect such property, and to 
do all other things in relation thereto as natural persons. 

Article II. — Of the City Council. 

Council. § 1- There shall be a city council, to consist of a mayor 

and board of aldermen. 

Aldermen. § 2. The bpard of aldermen shall consist of two mem- 

bers from each ward, to be chosen by the qualified voters, 
for two years, and by general ticket, until otherwise ordered 
by the city council. 

Eli ?ibi!ity. § 3. !N"o persou shall be an alderman, unless at the time 

of his election, he shall have resided one year within the 
limits of the city, and shall be, at the time of his election, 
twenty-one years of age, a citizen of the United States, and 
a resident of the ward for which he is elected. 

Removal. § 4. If any alderman shall, after his election, remove 

from the ward for which he is elected, his ofiice shall thereby 
become vacated. 

Classes. § 5. At the first meeting of the city council, the alder- 

men shall be divided, by lot, into two classes. The seats of 
those of the first class shall be vacated at the expiration of 
■ the first year, and of the second class, at the expiration of 



CITIES, 171 

the second year, so tliat one-half of tlie boara .suall be elected 
annually. 

§ C. The city council shall jndge of the qualifications, Quaiificationg. 
elections and returns of their own members, and shall deter- 
mine all contested elections. 

§ 7. A majority of the city council shall constitute a Quonin;. 
quorum to do business, but a smaller number may adjourn 
from day to day and compel the attendance of absent mem- 
bers, under such penalties as may be prescribed by ordi- 
nance. 

§ 8. The city council shall have power to determine the Rules, 
rule of its proceedings, punish its members for disorderly 
conduct, and, with the concurrence of two-thirds of the 
members elected, expel a member. 

§ 9. The city council shall keei) a journal of its pro- Journal 
ceedings, and, from time to time, publish the same ; and the 
yeas and nays, when demanded by any member present, 
shall be entered on the journal. 

§ 10. 'No alderman shall be appointed to any office under Prohibition, 
the authority of the city, which shall have been created, or 
the emoluments of which shall have been increased during 
the time for which he shall have been elected. 

§ 11. All vacancies that shall occur in the board of al- Vacancies, 
dermen, shall be filled by election. 

§ 12. The mayor and each alderman, before entering 
upon the duties of their office, shall take and subscribe an 
oath that they will support the constitution of the United 
States and of this state, and that they will well and truly 
perform the duties of their office, to the best of their skill 
and ability. 

§ 13. Whenever there shall be a tie in the election of Ti,. 
aldermen, the judge of election shall certify the same to the 
mayor, who shall determine the same, by lot, in such man- 
ner as shall be provided by ordinance. 

§ 11. There shall be four stated meetings of the city Meetings, 
council in each year, at such time and places as may be pre- 
scribed by ordinance. 

ARTICLE III. — Of the Chief Executive O^err. 

§ 1. The chief executive officer of the city shall be a Mayor, 
mayor, who shall be elected by the qualified voters of the 
city, and shall hold his office for one year and until his suc- 
cessor shall be elected and qualified. 

§ 2. No person shall be eligible to the office of mayor Eligibility, 
who shall not have been a resident of the city for one year 
next preceding his election, or who shall be under twenty- 
one years of age, or who shall not, at the time of his elec- 
tion, be a citizen of the United States. 



172 

Hcmoval. 
Tie. 

Contest. 
Vacancy. 

Election. 



■Voters. 



Daxes, 



Officers. 



Bonds. 



CITIES. 

§ 3. If any mayor shall, during the time for which he 
shall liave heen elected, remove from the city, his ofhce shall 
be vacated. 

§ 4. When two or more persons shall have an equal 
nmnber of votes for mayor, the judges of election shall cer- 
tify the same to the city council, who shall proceed to deter- 
mine the same, by lot, in such manner as may be provided 
by ordinance. 

§ 5. Whenever an election of mayor shall be contested, 
the city council shall determine the same, in such manner as 
may be j)rescribed by ordinance. 

§ 6. Whenever any vacancy shall happen in the office 
of mayor, it shall be filled by election. 

Article IY. — Of l^lections. 

§ 1. On the second Monday [of j April next an election 
shall be held in said city for one mayor for the city and two 
aldermen for each ward; and forever thereafter, on the 
second Monday of April of each j^ear, there shall be an 
election held for one mayor for the city and one alderman 
for each ward. The first election for mayor and aldermen 
shall be held, conducted and returns thereof made as may 
be provided by ordinance of the present trustees of the town 
of La Harpe. 

§ 2. All free white male, inhabitants, over the age of 
twenty-one years, who are entitled to vote for state officers, 
shall be entitled to vote for city officers: Provided^ the city 
council may at any time require, by ordinance, that said 
voters shall give their votes for mayor and aldermen in the 
wards in which they respectively reside, and in no other; 
and that no vote shall be received at any of said elections 
unless the person offering the same shall be at the time an 
actual resident of said ward. 

Article Y, — Of the Legislative Powers of the City ComidL 

§ 1. The city council shall have power and authority to 
levy and collect taxes upon all projjerty, real and personal, 
within the limits of said city, not exceeding one-half of one 
per cent, per annum, upon the assessed value thereof, and 
may enforce the payment of the same in any manner to be 
prescribed by ordinance, not repugnant to the constitution 
of the United States or of this state. 

§ 2. The city council shall have power to appoint a clerk, 
treasurer, assessor, marshal, supervisors of streets, and all 
such other ofiicers as may be necessary. 

§ 3. The city council shall have power to require of all 
officers appointed in pm-suance of this charter, bond, with 
penalty and security, for the faithful performance of their 
respective duties, as may be deemed expedient ; and, also, 



CITIES. 173 

to require all officers appointed, as aforesaid, to take an oatii 
for the faithful performance of the duties of their respective 
offices, before enterino; upon the discharge of the same ; to 
establish, support and regulate common schools. 

§ 4. To appropriate money and to provide iov the pay- Appropriation 
ment of the debt and expenses of the city. 

§ 5. To make regulations to prevent the introduction of Diseases, 
^contagious diseases into the city, and enforce the same within 
five miles of the city. 

§ G. To make regulations to secure the general health Health, 
of the inhabitants ; to declare what shall be a nuisance, and 
to prevent and remove the same. 

§ 7. To provide the city with water and to erect pumps Water, 
for the convenience of the inhabitants. 

§ 8. To open, alter, abolish, widen, extend, establish, street?. 
grade, pave or otherwise improve and keep in repair streets, 
lanes, avenues and alleys. 

§ 9. To estabhsh, erect and keep in repair bridges Bridges. 

§ 10. To divide the city into wards, alter the boundaries Wards, 
thereof, and erect additional wards, as occasion may require. 

§ 11. To^provide for lighting the streets and erecting Light. 
lamp posts. 

§ 13. To establish, support and regulate night watches, ^ig^* watches, 

§ 13. To erect market houses, establish markets and mar-. Market?, 
ket places, and to provide for the government and regula- 
tion thereof. 

§ 11:. To provide for the erection of all useful buildings ^^^ fe"ii<i- 
for the use of the city. '"^^' 

§ 15. To license and regulate porters and fix the rate of Porters, 
porterage. 

§ 16. To license, tax and regulate theatrical and otlier Shows. 
<exhi1)itions, shovv's and amusements. 

§ IT. To restrain, prohibit and suppress tippling houses. Tippling hou- 
dram sliops, gaming houses, bawdy houses and other disor- ^'^''" 
derly houses. 

§ 18. To provide for the ])revention and extinguishment Fires. 
of fires, and to organize and establish fire companies. 

§ 19. To regulate the fixing of chimneys, and fixing the Chimneys. 
flues thereof. 

§ 20. To provide for taking enumerations of the inhab- Cens-as 
itants of the city. 

§ 21. To regulate the election of the city officers find officers, 
provide for remo\nng from ofiice any person holding an 
office created by ordinance. 

§ 22. To regulate the police of the city, to impose fines, Police, 
forfeitures and penalties fijr the breach of any ordinance, 
and provide for the recovery and apprehension of such fines 
and forfeitures, and the enforcement of such penalties. 

§ 23. To fix the compensation of all city officers, and Saiarica. 
regulate the fees of jurors, witnesses and others, for services 
rendered under this act or any ordinance. 



1 7i CiTiESo- 

Ordinances. § 24. The citj coimcil sliall have power to make ail ordi- 

nances which shall be necessary and proper for carrying 
into execution the powers specihed in this act, so that such 
ordinances be not repugnant to nor inconsistent with the 
constitution of the United States or this state, 
cyie. § 25. The style of ordinance of the city shall be : ''Be 

it ordained hy the city council of the city of La Ilarjpe.'''' 
ubiicaiion. § 26. All Ordinances passed by the city council in the 

city shall not be in force until they shall have been pub- 
lished ten days. 

Proof. § 27i All ordinances of the city may be proven by the 

seal of the corporation, and when printed and published in 
book "or pamphlet form, and purporting to be printed and 
published by authority of the corporation, the same shall 
be received in evidence, in all courts and places, without 
further proof. 

AiiTicLE YI. — Of the Mayor. . 

Hyor. § 1. The mayor sliall preside at all meetings of the city 

council, and shall have a casting vote, and no other. In 
case of nonattendance ot the mayor at any meeting, the 
board of aldermen shall appoint one of their number chair- 
man, who shall preside at that meeting'. 

Special meet- § 2. The maj'or, or any two aldermen, may call meetings 

^°^*- of the city council. 

Duties of § 3. The mayor shall, at all times, be active and vigilant 

mayor.: '^^ enforcing the laws and ordinances for the government of 

of said city; he shall inspect the conduct of all subordinate 
officers of said city, and cause negligence and positive viola- 
tion of duty to be presented and punished ; he shall, from 
time to time, communicate to the aldermen such intbrmation 
and recommend all such measures as, in his opinion, may 
tend to the improvement of the finances, the police, the 
health, security, comfort and ornament of tlie city. 

sA § 4. He is hereby authorized to call on every male in- 

habitant of said city, over the age of eighteen years, to aid 
in enforcing the law^s and ordinances^ and, in case of riot, to 
call out the militia, to aid him in suppressing the same or in 
carrying into efi'ect any law or ordinance, and any 23erson 
who shall not obey such call shall forfeit to the said city a 
tine not exceeding five dollars. 

a,K „u... § 5,- He shall have power, whenever he may deem it 

necessary, to require of any officer of said city an exhibit of 
his books and papers. 

§ 6. He shall have powder to execute all acts that may be 
required of him by any ordinance made in pursuance of 
this act. 

j-Mtice of the § 7. He shall be commissioned by the governor as a jus-- 
poace. tice of tlic pcacc for said city, and, as such, shall be a conser- 

vator of the peace in said city, and shall have power and 



CITIES. 176 

aiitiiontv to administer oaths, issue writs and processes under 
the seal of the city, to take acknowledgments of deeds, mort- 
gages and other instruments of writing, and certify the same, 
under the seal of the city, which shall be good and valid in 
law. 

§ 8. He shall have exclusive juriscli-ction in all cases Jurisdiction, 
arising under the ordinances of the city, and concnrrent ju- 
risdiction with all other justices of the peace in all civil and 
criminal cases within the county of Hancock, arising under 
the laws of the state, and shall receive the same fees and 
compensation for his services in similar cases. 

§ 9. He shall also have such jurisdiction as may be vested 
in him b}^ ordinance of the city, in and over all places within 
five miles of the boundaries of the city, for the purpose of 
enforcing the health ordinances and regulations thereof. 

§ 10. And he shall receive for his services such salary as Sabi-y. 
shall be fixed by an ordinance of the city, and the usual fees 
of the justices of the peace. 

§ 11. In case the mayor shall, at any time, be guilty of indictment, 
a palpable omission of duty, or shall willfully and corruptly 
be guilty of oppression, malconduct or partiality in the dis- 
charge of the duties of his ofiice, he shall be liable to be in- 
dicted in the circuit court of Hancock county, and, on con- 
viction, he shall be fined not more than two hundred dollars, 
and the court shall have power, on the recommendation of 
the jury, to add to the judgment of the court that he be re- 
moved from ofiice. 

Article Yll.— Proceedings in Sjyecial Cases. 

§ 1. AYhenit shall be necessary to take private property Opening of the 
for opening, widening or altering any public street, lane, streets, 
avenue or alley, the corporation shall make a just compen- 
sation therefor to the person whose property is so taken, and 
if the amount of such comj^ensation cannot be agreed on, 
he maj^or shall cause the same to be assessed by a jury of 
six disinterested freeholders of the city. 

§ 2. A\^hen the owners of all the property en the street, petition, 
lane, avenue or alley, proposed to be opened, widened or 
altered, shall petition therefor, the city council may open, 
widen or alter such street, lane, avenue or alley, upon condi- 
tions to be prescribed by ordinance, but no compensatioii 
shall, in such cases, be made to those whose property shall 
be taken for the opening, widening or altering of such street," 
lane, avenue or alley, nor shall there be any assessment of 
benefit or damage that may accrue thereby to any of the 
petitioners. 

§ 3. All jurors impanneled to inquire into the amount inquest-, 
of benefit or damage which shall happen to the owners of 
property proposed to be taken for opening, widening or 
altering any street, lane, avenue or alley, shall be first sworn 



CITIES. 



Benefits 
damage 



CO that effect, and shall return to the mayor their inquest, in 
writing, signed by each juror, 
and § 4. In assessing the amount by compensation for pro ■ 
perty taken for openino;, widening or altering any street, 
lane, avenue or alley, the jury shall take into consideratioi : 
the benefit as well as the injury happening by such opening, 
widening or altering of such street, lane, avenne or alley. " 
Mayor may set § 5. The mayor shall have power, for any good cause 
asi e inquest, gi^^^-^^ within ten days after any inquest shall 'have been 
returned to him, as aforesaid, to set the same aside and cause 
a new inquest to be made. 

§ 6. The city council shall have power, by ordinance, to 
levy and collect a special rax on the holders of the lots on 
kny street, lane, avenue or alley, or part of any street, lane, 
avenue or alley, according to their respective parts owned 
by them, for the purpose of paving and gradins^ the side- 
walks. 



.Rnecial tax. 



Aeticle YIII — Miseellaneous Provisions. 

Exemption. ^ § ^^ rj.^^^ inhabitants of the city of La Harpe are here^ 
by exempted from working on any road beyond the limits 
of the city. 

Street labor. . § 2. ^ The city couucil shall have povrer, for the purpose 
of keejmig the streets, lanes, avenues and alleys in repair, 
to require every male inhabitant in said city, over twenty- 
one years of age and under fifty, to labor on said streets, 
lanes, avenues and alleys, not exceeding three days in each 
and every year ; and any person failing tc perform such 
labor, when duly notified by the supervisor, shall forfeit and 
pay the sum of one dollar per day for each day so neglect- 
ed or refused. 

Indictment. § o. The city council shall have 230wer to provide forth^ 

punishment of offenders, by imprisonment in the county or 
city jail, in all cases where such offenders shall fail or refuse 
to pay the fines and forfeitures -which may be recovered 
against them. 

Statement. § 4. The city council shall cause to be published, annu- 

ally, a full and complete statement Of all moneys received 
and expended by the corporation during the preceding year; 
and on what accoiint received and expended. 

Ordinances. ^ § 5. All Ordinances and resolutions passed by the pre- 
sident and trustees of the town of La Harpe shalf remain in 
force until the same sliall be repealed by the city council 
hereby created. 

s«it=' § 6. All suits, actions and prosecutions instituted, com- 

menced or brought by the corporation hereby created shall 
be instituted, commenced and pro.^ccuted iii the n^me of the 
City of If a Harpe. 

' ■'■^■^ § 7. Ail actions, fines and forfeitures which have accrued 

to the president and trustees of the town of La Harpe shall 



CITIES. 



177 



be vested in and prosecuted by the corporation hereby cre- 
ated. 

§ 8. All property, real and personal, heretofore belong- Property, 
ing to the president and trnstsBes of the town of La Harpe, 
for the use of the inhabitants of said town, shall be and the 
same is hereby declared to be vested in the corporation here- 
by created. 

• § 9. This charter sliall not invalidate any act done by Rights. 
tlie president and trnstees of the town of La Harpe, nor di- 
vest them of anv rio-ht which may have accrued to them 
prior to the passage of this act. 

§ 10. The president and trnstees of the town of La Pubiicatioc, 
Harpe shall, immediately after the passage of this act, take 
measures to promulgate this law within the liiriits of the 
city of La Harpe, and issue, their ^proclamation for the elec- 
tion of officers, and cause the same to be published in said 
city for four weeks prior to the day 'of election for said city 
officers. 

§ 11. Appeals shall be allowed from all decisions in all Appeals, 
cases arising under the provisions of this act or any ordi- 
nance passed in j^ursuance thereof to the circuit court of 
Hancock county, and every such appeal shall be taken and 
granted in the same manner and with like effect as appeals 
are taken from and granted by justices of the peace to the 
circuit Qom-t under the law^ of this state. 

§ 12. Whenevei" the mayor shall absent himself from Vacancy, 
the city, or shall resign, or die, or his office shall be otherwise 
vacated, the board of aldermen shall immediately proceed 
to elect one of their number j)resident, who shall be mayor 
pro tern. 

§ 13. This act is hereby declared to be a public act, and Public act, 
may be read in evidence in all courts of law and equity in 
this state, without proof. 

§ 14. All acts and parts of acts coming within the pro- Repeal, 
visions of this charter that are contrary thereto or inconsis- 
tent with its provisions, are hereby repealed. 

§ 15. The city marshal, of any other officer authorized Marshal. 
to execute writs or other process issued by the mayor, shall 
have power to Execute the same anywhere within the limits 
of said Hancock county, and shall be entitled to the same 
fees for traveling as are allowed to constables in similar 
cases. 

§ IP). The city council of said city shall have power to Public grounds; 
provide for inclosing, improving and regulating all public 
ground within the city and fol* the punishment of injuries 
or damage done to trees, buildings or other iinprovements 
thereon; to license, tai and regulate auctioneers, m.erchants 
and retailers, groceries, taverns and all places where ferment^ 
ed liquors are"sold, and the venders of the same, hawkers, 
peddlers, brokers, pawnbrokers and money changers : Pro- Proviso. 



178 



CITIES. 



viderl, that nothing herein nnntained shall be construed to 
vest in said city council authority to errant license in any 
cases or for any purposes where the same may be prohibit- 
ed by any existing or future general law of this state. 

•larshai. § IT. The city marshal of said city shall, by virtue of his 

of&ce, be a constable of Hancock county, with power to serve 
process, and to do all acts that -constables may lawfully do, 
and shall receive the same fees as are allowed to other con- 
stables by law, and shall, before entering upon the discharge 
of his office, in addition to the ordinary bond which may be 
required of him by city ordinance, execute another bond 
and file it in the office of the clerk of the county court of 
Hancock county, in hke manner as other constables are now 
required to do by law, and he shall, moreover, take the 
same oath to discharge the duties of his office and in the 
same manner that other constables are now required to take= 

Mayor's coui't. ^. 18. The city council shall have power to provide, by 
ordinance, for the organization and maintenance of a mayor's 
court for said city, and for the trial and punishment of all 
offenders against the ordinances of said city, made in con- 
formity with the powers granted in this charter and not in- 
consistent with the constitution of the United States, or of 
this state. 

Schools. § 19. The care and superintendence of the common 

schools within the city of La Harpe, together with the funds 
and estate, both real and personal, belonging to and which 
may be conveyed to La Llarpe school district, shall devolve 
upon the city council of the city of La Harpe, and they shall 
have power to appoint, at their first meeting after their an- 
nual election, in each year, a general superintendent of pub- 
lic schools for said city of La Harpe, whose term of office 
shall be for one year and until his successor shaU be duly 
elected and qualified; and his duties and the amount of his 
salary shall be defined by the city council of the city of La 

Proviso, Harpe : Provided^ Jwicever^ that the said salary shall at no 

time be paid out of the school fund belonging to said La 
Harpe school district; and said city council shall have power 
to make all laws and ordinances necessary and proper for 
the management of said common schools, not inconsistent 
with the constitution of this state. 

School funds. g 20. The township funds and estate, real and personal, 
belonging to township seven "north, range five west, shall be 
divided between the city of La Harpe and. the portions of said 
township lying without the city of La Harpe, as foUoiA s : 
the trustees of schools of township seven north, range five 
west, shall, within three months from and after the passage 
of this act, appoint three respectable householders, one from 
the city of La Harpe, one from township seven north, range 
five west, residing outside of the city, and one residing in town- 
ship seven north, range six west, in said Hancock county, who, 



CITIESd 



179 



or a majority of wliom, afterbeing duly sworn well and trnly to 
perform their dnty, sliall ascertain as nearly as may be the num- 
ber -of white persons nnder the age of twenty years, residing 
within said township seven north, range five west, both with- 
in and without the limits of said city of La Harpe, and they 
shall divide and apportion the aforesaid township funds and 
estate according to the number of children under the age 
aforesaid, residing in said township, within and witbout said 
city of La Harpe, and shall pay over and deliver to said city 
the distributive share of the said township funds and estate 
aforesaid, to which the said La Harpe school district may 
be entitled, according to tbe number of white persons under 
the age aforesaid, residiug in said township within and 
without the limits of said city, respectively ; and the said 
commissioners shall have power to make their deed of 
partition, and convey to the city of La Harpe, its distribu- 
tive share of the real estate belonging to the school fund ol 
said township aforesaid ; and in case the commissioners ap- 
pointed as aforesaid shall refuse or neglect to perform the 
duties aforesaidj within one month frc)m the time of their 
appointment, the said trustees of schools of said township 
shall have power to appoint others in their stead, either in 
or out of said city of La Harpe, who shall, in like manner, 
perform the duties assigned to the first mentioned commis- 
sioners ; and said trustees shall have power to make ap- 
pointments and fill vacancies in the same until tbe objects of 
this act are carried into efi:ect : Provided^ the same shall be 
done within twelve months from and after the passage of 
this act. 

§ 21. The trustees of schools of said township seven Transfer. 
north, range five west, shall, upon such partition being made, 
pay over and deliver to the city of La Harpe the funds and 
deeds to which said La Harpe school district may be entitled, 
according to the division and distribution aforesaid, and shall 
take from the clerk of the city of La Harpe a receipt for tbe 
same. All school houses in said city of La Llarpe whicb 
have been built by taxatioii or voluntary contribution shall 
be and remain the property of the city lor school purposes, 
and not subject to partition, as jDrovided in the preceding 
section, but the same shall be by said commissioners con- 
veyed to the said city in the same manner as the property 
which may be by them pai-titioned and set ofl: to said city, 
as hereinbefore pro^dded. 

§ 22. It shall be the duty of the city council of the city Abstract 
of La Harpe to cause to be furnished to the school commis- 
sioner of Hancock county an abstract of the whole number 
of white children under the age of twenty years, residing in 
said La Harpe school district, within ten days after the num- 
ber shall be ascertained; and the said school commissioner 
shall, annually, pay to the clerk of the city <:»f La Harpe the 



180 



cities; 



proportion of the school, colleo^e and seminary fund to whic 
the said La Harpe school district may be entitled, accordii 
to the mimher of children nnder the age aforesaid residin:^ 

Proviso. in said district, talcing his receipt for the same : Provided^ 

that no abstract of the number of children as aforesaid, re- 
siding in said La Harpe school district, shall be returned to 
said school commissioner oftener than once in two years, as 
required in other school districts. 

Exemption g 23. All members of any fire company of the city of 

La Harpe, residing in said city, during the time he shall re- 
main a member of such fire company and comply with the 
rules and perform the duties thereof,' shall be exempt from 
all road and street labor, and from serving as jui'ors, in every 
ease whatever : Provided^ that this section shall not be so 
construed as to exempt any person from any tax upon pro- 
perty. 

tSenerai laws, § 24. Tliat all general laws or parts of laws heretofore 
passed or which may be hereafter passed, for the purpose of 
adding to or enlarging the powers of towns and cities which 
have been or hereafter may be incorporated by any special 
act or by virtue of .any general law of this state, shall be 
deemed and held to apply as well for the benefit of said city 
of La Harpe as of any other; and it shall at all times be law- 
ful for the city council of said city of La Harpe to claim and 
exercise any and all powers which may be granted by gen- 
eral laws for the purpose of adding to oi' extending the pow- 

.; ers of towns and cities as aforesaid. 

^axes. § 25. The city council shall have power to provide, by 

ordinance, that all taxes levied, assessed and collected under 
and by virtue of \\\q provisions of this act shall be assessed 
and collecied by the same assessor and collector whose duty 
it shall be, by general law, to assess and collect the state 
and county tax for township seven north, range five west, 
in said Hancock county. If said city council shall wish to 
have said city taxes so assessed and collected, it shall be 
their duty to inform the clerk of the county court, as soon as 
convenient after the assessment is made, in each year, for 
state and county purposes, of the rate per cent, of taxation 
levied by them for city purposes for said year; and it shall 
thereupon be the duty of said county clerk to carry out 
each, and extend said tax upon the "books of the assessor 
and collector, in the sama manner tliat he is now required 
b}^ law to carry out and extend the district school tax against 
the name of each tax pa}- er, whether resident or nonresulent, 
Dwning pro]3erty in said city ; and said city tax shall be col- 
lected in every respect and the collection thereof enforced 
in like manner and with like remedies as the state and coun- 
ty tax, and shall be paid over by tlie collector to the trea- 
surer of said city at the same time that the county revenue 
is required to be paid over to the county. Any court which 



CITIES. ISI 

aliall render judgment in said Hancock coimty against landb 
and lots in said city for nonpayment of taxes due the state 
and county shall, at the same time include in the same judg- 
ment any and all taxes which may be due said city. Eor 
his seryices in carrying out, adding and extending said tax 
in the books of the assessor and collector, said clerk of the 
county court shall receive one per cent, on the amount of 
tax collected. The collector shall receiye the same compen- 
sation which may be allowed by law for the collection of 
state and county taxes, and shall be liable on his official 
bond for the payment of aU such city tax by him collected. 
The fees of the clerk and collector to be paid out of the taxes 
thus collected. 

§ 26. The city council of said city of La Harpe shall Academy, 
have power and authority to grant to any five or more per- 
sons Avishiug to found an academy or seminary of learning', 
or to establish, govern and control aU the public schools of 
the city, full power and authority to do the same. 

§ 27. When such institution shall be estabhshed the said Directors, 
five or more persons shall thencetorth constitute the school 
directors of said La Harpe school district, and shall exer- 
cise all the powers and discharge all the duties which now 
are or may hencelorth be cc»nferred by law upon school di- 
rectors in this state, and shall receive from the county school 
commissioner or township treasurer all public moneys be- 
longing to said La Harpe school district, 

§ 28. That so much of the act entitled "An act to estab- Act suspended 
lish and maintain common schools," in force February 16th, 
1857, and aU other acts and parts of acts coming in confiict 
with the provisions of this act, so far as relates to said La 
Haqje school district, is hereby suspended. 

§ 29. This act to take efiect from and alter its passage : Election. 
Pr&vtded, that an election shall be held in said city of La 
Harpe, upon the cpiestion of adopting or rejecting this char- 
ter, and if a majority of the voters of such election shall be 
for rejecting this charter, then the same shall be null and 
void. 

Appkoved February 2tt, 1859, 



AN ACT to. incorporate the city of Litchfield, in ilontgon^ery county. j^ for(je j-gbV 

16, 1859. 

Article I. — Of Boundaries, General Fovjers mid Wards, 

Sectiox 1. Be it enacted hy the People of the State of 
Illinois^ rejyresented in the General AssemUy, That all the l^^^ , 
district of country in the county of Montgomery and state "^ "' 



182 CITIES, 

of Illinois, consisting of the tracts of land known as section, 
thirty-three (33), the east half of section thirty-two (3^), i 
township nine (9) north, of range live (5) west of the third (3(i 
principal meridian ; the north half and the north quarter of 
the south halt of section four (-i) and the northeast quarter 
and the north half of the northeast quarter of the southeast 
quarter of section live (5), in township eight (8) north, of 
range five (5) west of the third (3d) principal meridian, is 
hereby erected into a citv, by the name of the "City of 
Litchfield." 

Style of corpo. g 2. The inhabitants of said city shall be a corporation, 
ration. by the name of the " City of Litchtield," and by that name 

shall have perpetual succession, sue and be sued, and com- 
plain and defend in any court ; may make and use a com- 
mon seal, and alter and change the same at pleasure ; may 
take, hold and purchase such real, personal or mixed estate 
as the purposes of the corporation may require, within or 
without the limits of the city, and may sell, lease or dispose 
of the same, for the benefit of the city. 

Boundaries of § 3. The city of Litchfield shall be divided into three 

wards. (3) ^ards, the boundaries of which shall be as follows : The 

territory south of the Terre Haute, Alton and Saint Louis 

First ward. Railroad shall be the first ward. The territory north of 
of said railroad and east of the central line of State street 

Second ward, shall be the sccond ward. The territory north of said rail- 
road and west of the central line of State street shall be the 

Third ward. third ward. The boundaries of the said wards may be, by 
the city council, changed Irom time to time. The city coun- 
cil may, as occasion may require, create additional wards 
and define the boundaries thereof. 

Article II, — Officers — Their Election and A2}j)oint7nent. 

Officers. § 1. The municipal government of the city shall consist 

of a city council, to be composed of the mayor and two 
aldermen from each ward. The other otiicers of the corpo- 
ration shall be as follows : a city magistrate, a city marshal 
and collector, a city clerk, a city treasurer, a city attorney, 
a city assessor, a city surveyor and a city street conmiission- 
er, who, in addition to the duties prescribed in this act, shall 
perform such other duties as shall be prescribed by ordi- 
, nance. There shall be such other oflicers, servants and 

agents, as may be provided by ordinance, to be appointed 
by the city council, and to perform such duties as may be 
prescribed by ordinance. 

§ 2. All ofiicers to be elected or appointed under this 
act, except such as are otherwise provided for hereb}", shall 
hold their ofiices one year and until the election or appoint- 
ment and qualification of their successors respectively. AH 
the officers mentioned in this act and not otherwise especial- 
ly provided for, shall be appointed by the city council, by 



Term of office. 



CITIES. 183i 

ballot, at their first regailar meeting after the regular annual 
election, or as soon thereafter as may be; but the city coun- 
cil may authorize the appointment of watchmen and police- 
men to continue in ofhce during the pleasure of the city 
council: Provided^ the city council may remove them from 
ofiice for good cause. All officers elected to fill vacancies, 
except when especially provided, shall hold for the unex- 
pired term only, and, when appointed to fill vacancies, until 
the next general election, and until the election or appoint- 
ment and qualification of their successors. 

§ 3. The several wards of the city shall be represented "^^rd repre- 
in the city council by two aldermen from each ward who 
shall be hona Jide residents. The aldermen shall hold their 
offices for two years from and after their election, and until 
the election and qualification of their successors; but one 
alderman shall be elected Irom each ward annually. At the 
fii-st annual meeting of the city coimcil, it shall be deter- 
mined by lot which of the aldermen from each ward shall 
serve for one year and which for the fuU term. 

§ 4. If from any cause there shall not be a quorum of Special eiec^ 
aldermen, the clerk shall appoint the time and place for *^'^°' 
holding a special election to supply Such vacancies and ap- 
point judges ^ thereof, if necessary. If any alderman shall 
remove from the ward reprcBented by him, his office shall . 
thereby become vacant. If there should be a failure by the 
people to elect any officer herein recjuired to be elected, the 
city council shall forthwith order a new election. 

§ 5. Any officer elected or appointed to any office, may Removal, 
be removed from such office by a vote of two-thirds of ail 
the aldermen authorized by law to be elected; but no officer 
shall be removed except for good cause, nor unless first fur- 
nished with the charges against him and heard in his de- 
fence ; and the city council shall have the power to compel 
the attendance of witnesses and the production of jjapers, 
wdieii necessary for the purposes of such trial, and shall pro- 
ceed within ten days from such notice to determine upon the 
merits of the case, and if such officer shall not appear and 
answer such charges, then the city council may declare the 
office vacant : Provided, this section shall not be deemed to I'roviso. 
apply to any officer appointed by the city council. Such 
officer may be removed at any time by a vote of two-thirds, 
as aforesaid, in their discretion, but any officer may be sus- 
pended until the disposition of the charges preferred. 

§ 6. Whenever any vacancy shall occur in the office of Vacancy, 
inayor, alderman or city magistrate, such vaca.ncy shaU be 
tilled by a new election; and the city council shall order 
such special election within ten days after the happening of 
such vacancy. Any vacancy occurring in any other office 
may be tilled by appointment of the city council ; but no 
special election shaU be held to ffil vacancies if more than 
nine months of the time has expired. 



1S4- CITIES. 

§ T. All citizens of tlie United States qualified to vote at 
any election held under this act, shall be qualified to hold 
any office created under this act, except the mayor and 
aldermen, who shall own real estate within the corporate 
limits of the city. 

§ 8. When two or more candidates for elective office 
shall have an equal number of votes for' such ofiic-t;, the 
election shall be det^rminod by the ca&ting of lots in the 
])reseiice of the city council. 

Article III. — Of Elections. 

Elections. § 1. A general election shall be held in each ward of 

the city, on the first Monday of March next. Eichard W. 
O'Bannpn, AY. E. Bacon and John McGinnis, or a majority 
of them, are hereby vested with authority to determine the 
time, in said day, and the places of such 'election, and to 
appoint three inspectors for each ward. Upon each and 
every first Monday in March thereafter, there shall be held 
a general election, at which the following officers shall be 
chosen : A mayor, one alderman from each ward (the alder- 
man to be voted for only by the residents of the ward which 
he is elected to represent), a city marshal and collector, a 
city clerk, a city treasurer, a city surveyor and a city street 
commissioner. Public notice Of such elections shall be 
given by the city clerk ten days previous to the same, to be 
pubhshed in a newspaper in the city, or posted in one public 
place in each ward. 

§ 2. The manner of conductiuoj and votins^ at the elec- 

JVl ftDncr 01 coil- ^ ^-^ ^-^ 

ducting elec- tions held under this act and contesting the same, the keep- 
tions. jj2g Qf ^j^e poll lists, canvassing the votes and contesting the. 

returns, shall be the same, or as nearly the same as may be, . 
as is now or may be hereafter provided by law^ at general 
Proviso. state elections : Fromded^ the city council shall have power 

to regulate elections and appointments of judges thereof. 
The voting shall be by ballot, and the judges of the election 
shall take the same oath and shaU have the same powers 
and authority as the judges of general elections. After the 
closing of the polls, the ballots shall be counted in the man- 
ner provided by law, and the returns shall be returned, 
sealed, to the city clerk, within two days after the election, 
and thereupon the city council shall meet and canvass the 
same and declare the result of the election. The persons 
having the highest number of votes for any office shall be 
declared elected. It shall be the duty of the city clerk to 
notify all person^ elected or appointed to office of their elec- 
tions or appointments, and unless such persons shall qualify 
within twenty days thereafter, the office shall become va- 
cant. At the first election held on the first Monday of 
March next the returns shall be made by the inspectors to 
Richard W. O'Bannon, W. E. Bacon and John McGlinnis, 



CITIES. 



155 



aforesaid, who shall meet and canvass the votes and declare 
the result of the election, under oath. 

§ 3. iS person shall be entitled to vote at any election Eiigiiiiitr of 
under this act who is not entitled, to vote at state elections, ^'^^^^^'s- 
and who has *Q0t been a resident of the city at least three 
months next preceding such election ; he shall have been 
jjioreover an actual resident of the ward in which he pro- 
poses to vote for ten days previous to such election, and, if 
required by any judoce or qualified voter, shall take the fol- 
lowino; oath before 'he is permitted to vote: "I swear (or 
affinn) that I am of the age of twenty-one years, that I am 
a citizen of the United {States, (or was a resident of this 
state at the time of the adoption of the constitution,) have 
been a resident of this city three months and a resident of 
this state one year immediately preceding this election, have 
paid my yearly poll tax as required by the laws of this city, 
am now, and for the last ten days have been, a resident of 
this ward, and have not voted at this election :" Provided^ Pro^-iso. 
that the voter shall be deemed a resident of the ward in 
which he is accustomed to lodge : And lyrovided^ further^ 
that at the first election under this act, any person within 
the limits of this city, entitled to vote at state elections, 
shall be entitled to vote in the Avard in which he may re- 
side, 

Aeticle IY. — Fo-wers and Dtdies of Officers. 

§ 1. Every person chosen or appointed to an executive, Take onth. 
judicial or administrative office, under this act, shall, before 
he enters upon the duties of his otHce, take the oath pre- 
scribed in the constitution of this state, 

§ 2. The mayor shall preside over the meetings of the Mayor, 
city council and shall take care that the laws of tliis state 
and the ordinances of this city are duly enforced, respected 
and observed within this city, and that all other officers of 
the city discharge their respectiv^e duties; and he shall cause 
negligence and positive violation of duty to be prosecuted 
and punished ; he shall from time to time give the city coun- 
cil such information and recommend such measures as he 
may deem advantageous to the city. 

§ 3. He is hereby authorized to call on any and all Riot, 
white male inhabitants of this city or county, over the age 
of eighteen years, to aid in entbrcing the laws of the state 
or the ordinances of the city, and, in case of a riot, to call 
out the militia to aid in suppressing the same or carrying 
into eftect any law or ordinance ; and any person who shall 
not obey such call shall forfeit to the city a fine of not less 
than five dollars. 

§ 4. He shall have power, whenever he may deem it Exhibit of 
necessary, to require of any of the officers of the city an ^0°^^- 
exhibit of aU his books and papers ; and he shall have pow- 
— M 



18G 



OITIES. 



Ordinances and 
resolution;*. 



Administer 
oaths. 



Vacancy. 



Kre wardens. 



Corporate seal. 



Compensation 
City attorney. 



er to execute all acts that ma}^ be requii-ecl of liim by this 
act or any ordinance made in pursuance thereof. 

§ 5. All ordinances and resolutions shall, before they 
take effect, be placed in the office of the city clerk, and if 
the mayor approve thereof, he shall sign the same, and such 
as he shall not approve he shall retnrn to the city council 
with his objections thereto. Upon the return of any ordi- 
dance or resolution by the mayor, the vote by which the 
same was passed shall be reconsidered, and if, after such re- 
consideration, a majority of all the members of the city 
council shall agree, by the " ayes and noes," which shall be 
entered upon the journals, to pass the same, it shall go into 
effect ; and if the mayor shall neglect to approve or object 
to any such proceedings for a longer period than three days 
after the same shall be placed in the clerk's office, as afore- 
said, the same shall go into effect. He shall, ex ojjicio^ have 
power to administer any. oath required to be taken by this 
act or any law of the state, to take depositions, acknow- 
ledgments' of deeds, mortgages and all other instruments of 
writing, and certify the same under the seal of the city, 
which shall be good and valid in 'law, 

§ G. In case of vacancy in the office of mayor, or of his 
being unable to perform the duties of his office by reason of 
temporary or continued absence or sickness, the city coun- 
cil shall appoint one of its members, by ballot, to preside 
over their meetings, whose official designation shall be ''act- 
ing mayor." And the alderman so appointed shall be vest- 
ed with all the powers and perform all the duties of mayor 
until the mayor shall assume his office or the vacancy shall 
be tilled by a new election. 

§ 7. The members of the city council shall be ex officio 
lire wardens and conservators of the peace within the city, 
and shall be exemjjt from jury duty during their term of 
office. 

§ 8. The clerk shall hold his office for one year; he 
shall keej) the corporate seal and all papers and books be- 
longing to the city ; he shall attend all meetings of the city 
council and keep a full record of their proceedings on the 
journals, and copies of all papers duly hied in his office, and 
transci-ipts from the journals" of the proceedings of the city 
council, certified by him under the corjjorate seal of the 
city, shall be evidence in all courts in like manner as if the 
originals were j^roduced ; he shall likewise draw all war- 
rants on the treasury and countersign the same, and keep 
an accurate account thereof in a book provided for that pur- 
pose, and he shall have power to administer any oath re- 
quired to be taken by this act. 

§ 9. He shall receive such compensation for his services 
as may be fixed by ordinance. 

§ 10. It shall be the duty of the city attorney to per- 
form aU professional duties incident to his office, and, when 



CITIES. 187 

required, to furnisli written opinions upon questions and 
subjects submitted to him by tiie mayor or the city council 
or its committees. He shall receive such compensation for , 

his services as may be provided by ordinance. 

§ 11. The city marshal shall hold his office for one year, City marshiii, 
and shall perform such duties as shall be prescribed by the 
city council for the preservation of the public peace, the col- 
lection of hcense moneys, lines or Qtherwise; he shall pos- 
sess the powers and authority of a constable at common 
law under the statutes of the state, and shall receive like 
fees, but shall not serve civil process without hrst entering 
into bond as such constable, to be approved by the city 
council, payable to said city as in other cases ; he shall exe- 
cute and return all process issued by any proper officer un- 
der this act, or any ordinance in pursuance thereof. He 
shall also, as city collector, collect all taxes and assessments city collector, 
which may be levied by the city council, and all moneys 
belonging to the city, and keep an accurate account of the 
same in such manner as the city council may direct, and 
shall receive such per centage on collections as the city 
council may by ordinance provide. 

§ 12. The city treasurer shall receive all moneys belong- Dmy of ciiy 
ing to the city, and keep an accurate account of all receipts treasu.-.r, . 
and disbursements in such manner as the city council may 
du-ect. All moneys shall be drawn from the treasury in 
pursuance of an order by the city council, by a treasury 
warrant, signed by the rnayor, and countersigned by the 
city clerk. The treasurer shall exhibit to the city council, 
at least twenty days before the annual election of each year, 
and oftener, if required, a full and detailed account of all 
receipts and expenditm-es since the date of the last annual 
rej^ort. 

§ 13. The city surveyor shall have the sole power, under city surveyor, 
the direction and control of the city council, to survey within 
the city limits, and he shall be governed by such rules and 
ordinances and receive such fees and emoluments for his 
services as the city council shall direct and prescribe; he 
shall possess the same powers in making plats and surveys 
within the city as is given by law to county surveyors ; and 
the like efiect and validity shall he given to his acts and to 
all plats and surveys made by him, as are or may be given 
by law to the acts, plats and surveys of the county surveyor; 
he shall, when required, superintend the construction of all 
public works ordered by the city, make out the plans and 
estimates thereof, and contract for the erection of the same ; 
he shall perform all surveying and engineering ordered by 
the city council ; shall, under their direction, establish the 
grade and boundaries of streets and alleys, but sucli plans, 
estimates, contracts, grades and boundaries shall be first 
reported to the city council and approved by them or they 
shall not be valid. 



Ft refit. oonimiS' 



H CITIES. 

Cit.vr assessor. § 14. The City assGssor sliall i^erform all duties in relation 
to the assessing oi' proj^ertj for tiie purpose of levj-ing the 
taxes imposed by the city council. In the performance of 
his duties he shall have the same powers as are or may be 
given by law to county or tovrn assessors,- and be subject ti- 
the same liabilities. On completing the assessment listr 
and having revised and corrected the same, he shall sigi' 
and return. them to the city council. 

§ 15. The street commissioner shall superintend all local 
improvements in the city and carry into effect all orders of 
the city council in relation thereto; it shall be his duty to 
superinted and supervise the opening of streets and alleys, 
and the grading, improving and opening thereof, and the 
construction and repairing of bridges, cul verts and sewers ; 
to. order the laying, relaying and repairing of side-walks; 
to give notice to the owners of property adjoining such side- 
walks, when required, and upon the failure of any person 
to comply with such notice, to cause the same to be laid^ 
relaidor repaired, and apportion the cost thereof among the 
persons or lots properly chargeable therewith, and d.eliver 
the account thereof to the city clerk, to be laid before the 
city council; to make plans and estimates of any work 
ordered in relation to streets and alleys, culverts or sewers; 
to keep full and accurate accounts ip appropriate books of 
all appropriations made for work pertaining to his office, 
and all disbursements thereof, specifying to whom made^ 
an-d on what account, and he shall render monthly accounts 
thereof to the city council. 

rnquire duties § 16, The city council shall have power, from time to 
..i officers, time, to require tiirther and other duties of all officers whose 
duties are herein prescribed, and prescribe the powers and 
duties of all officers elected or appointed to any office under 
this act, whose duties are not herein speciHed, and fix their 
compensation; they may also require all officers, severally, 
before they enter upon the duties of their respective offices, 
to execute a bond to the city of LitchHeld, in such sum and 
with such securities as they may apj^rove, conditioned that 
they shall faithfully execute the duties of their respective 
offices and account for and pay over and deliver all moneys 
and other property received by them, which bond, with the 
approval of the city council certified thereon by the clerk, 
shall be filed in his office for the benefit of any person 
aggrieved by the official act of the officer. 
' uditj. § 17. If any person having been an officer of said city, 

shall not, within ten days' notification and request, deliver 
to his successor in office all property, books, papers and 
efifects of every description in his j)ossession, belonging to 
said city or appertaining to his said office, he shall forfeit 
and pay for the use of the city a sum not exceeding fifty 
dollars, besides all damages and costs caused by his refusal 
or neglect so to dehver; and such successor may recover 



CITIES. 



"?,'■. » 



possession ot the books, pa])ers and effects belonging to his 
t)flice in the manner prescribed by the laws of the state.^ 

§ 18. All ofticers elected or appointed nnder this act, Commissioned 
shall be c-ommissioned by warrant, nnder the corporate seal, 
signed by the mayor or presiding onicer tjf the city conncil 
arnd clerk. 

Article Y .—Of Legislative Powers of City Council — ltd 
General Pov:ers and Duties, 

§ 1, The nmyor and aldermen shall constitute the city city coL.nc.;, 
"jouncil; they shall meet and organize the first Thursday 
after their election, and shall meet at such times and places 
thereafter as they shall determine ; the mayor, when present, 
shall preside at all meetings of the city conncil, and shall 
have onh^ a casting vote; in his absence any one of the 
aldermen may be appointed to preside; a majority of the 
persons elected aldermen shall constitute a quorum. 

§ 2-. The city council shall hold twelve stated meetings, Meeti^igs. 
one in each month during the year; and the mayor or any 
two aldermen may call special ineetings of th<S council by 
notice served personally or left at their usual places of abode. 
Petitions and remonstrances may be presented to the city 
council, and they shall determine the rule of their own 
proceeding and be the judges of the election and qnalifica- 
tion of their own members, and shall have power to compel 
the attendance of absent members, 

§ ^. The city council shall have the control of the finan- finances, 
ces and of the property, real, personal and mixed, belonging 
to the corporation, and shall likewise have power, within the 
jurisdiction of the city, by ordinance — 

First.— "Yo borrow money on the credit of the city and Borrow monoj. 
issue bonds of the city therefor; but no bonds shall be 
issued having more than five years to run, and there shall 
never be outstanding bonds to a greater amount than two 
per cent, of the last assessed value of the real and person«,l 
property of the city. It shall be the duty of th^ council to 
provide, either by taxation or the issue of bond?, for the pay- 
ment of all claims against the city as rapidly as such claims 
fall due. All orders on the treasury shall be made payable 
on demand-, jSTo appropriation shall be made for any public 
building or other improvement out of the general fund of 
the city, except in such cases as when the city council shall 
not have authority to provide for the same by special taxa- 
tion levied on the property benefitted thereby, or when the 
city council shall by resolution declare that it will b-e unjust 
4ind inequitable that the pixjperty in the Adcinity shall bear 
the expenses of such improvement, and that such improve- 
ment is required by the general interests of the city. And 
no appropriation shall be made for any public improvements 
until the expense of such improvements shall be estimated 



: .-0 ClTIftS. 

by the proper officer.^, and unless it shall be tbiind bj suck 
estimates and a statement of the estimated cost of all other 
public works in jiroijress and other prc>bable expenses of the 
city, that all such works can be completed within due time 
by the ordinary surplus revenue of the city and the issue of 
such bonds as the council is by law authorized to issue. 
• appropriate Sccoud. — To appropriate money and to provide for the 
■■^'■ouey. payment of. the debts and e:^penses of the city. 

' >aith. Tlitrd. — To make reo-nlations to secure the general health 

and comfort of the inhabitants ; to prevent, abate and remove 
nuisances and punish the authors thereof by penalties, tines 
and imprisonment; to define and declare what shall be 
deemed nuisances, and autliurize and direct the summary 
abatement thereof. 

..•i^easeij. Jt'ourtk. — To uuike regulations to prevent the introduction 

of contagious diseases into the city; to make • quarantine 
laws for that purpose, nnd to enforce them within the city 
and within iive miles thereof. 

^'ater. -^{f^^^- — To provide the city with water; to make, regu- 

late and establish public wells, pumps and cisterns by drains, 
hydrants and reservoirs, in the streets within the city or 
beyond the limits thereof, for the extinguishment of tires 
and the convenience of the inhabitants, and to prevent the 
unnecessary waste of water. 

-t;eet3. &c. SLvth. — To have the exclusive control and power over the 

streets, alleys and highways of the city^ and to abate and 
remove any encroachments or obstructions thereon; to open, 
alter, abolish, widen, extend, straighten, establish, regulate, 
grade, clean or otherwise improve the same; to put drains 
or sewers therein, and prevent the incumbering thereof in 
any manner, and ^^rotect the same from any encroachment 
or injury. 

Bridges. Seventh. — To establish, erect, construct, regulate and keep 

in repair bridges, cuherts and se^yers, sidewalks and cross- 
ways, and regulate the construction and use of the same, 
and to abate any encroachments or obstructions thereof; to 
estabhsh, alter, change and straighten the channels of water- 
courses and natural drains; to sewer the same or to wall 
them up and cover them over, and to prevent, regulate and 
coiitrol the fitting up, altering or changing the channels 
thereof by private persons. 

],i-htinjjofthe Eighth, — To pro\ ide for lighting the streets and erecting 

streets. lamp posts and lamps therein, and regulate the lighting 

thereof, and, from time to time, create, alter or extend lamp 
districts; to e:sclusively regulate, direct and control the 
laying and repairing of gas pipes and gas tixtures in the 
streets, alleys and side-walks. 

Xinth. — To establish markets and market houses, and 
other public buildings of the city, and provide for the gov- 
ernment and regidation thereof, and the erection and loca- 
tion thereof, and to authorize their erection in the streets 



crrms; 191 

A avenues of the city, and the continn^ion of snch as are 

ready erected within the same. 

TtntJi. — To provide for the inclosing, regulatins: and Public groTinds 

ipruviug all public grounds and cemetenes belor.^ing to 

e City, and to direct and regulate tlie planting and preser- 

]3g of ornamental and shade trees in the streets and public 
.: :»unds. 

EJei'enfh. — To erect and establish one or more hospitals HospHaJs. 
r dispensaries, and control and regulate the same. 

Ticelfth. — To prevent the incumbenng of the streets, iDcumberins 

leys, side-walks or public grounds, with carriages, wagons, ^^^ streets. 

rts. wheelbarrows, boxes, lumber^ timber, lire wood, posts, 
. rnings, signs or any other substance or material whatever; 
to compel all persons to keep the snow, ice, dii-t and other 
rubbish from the side-walks and street crutters in front of 
the premises occupied by them. 

Ihineenth. — ^To license, tax and regulate merchants, com- License, 
mission merchants, and all venders, dealers and traders in 
any goods, wares, merchandise, groceries or liquids, alcoholic 
liquors excepted only, as hereinafter provided, and inn keep 
ers, brokers, money brokers, insurahee brokers and auction- 
eers, and to impose duties upon the sale of goods at auction ; 
to license, tax, regulate, suppress and prohibit hawkers, 
peddlers, pawnbrokers, grocery keepers and keepers of 
ordinaries, theatiicais or other exhibitions, shows and 
amusements. 

FourUenih. — To license, tax, regulate and suppress hack- Hactmen 
men, draymen, omnibus drivers, porters, and all others pur- 
suing hke wciipations, with or without vehicles, and pre- 
scribe their compensation, and to regulate and resti-ain run- 
?rs for cars, stages and public houses. 

Fifteenth. — To prohibit and suppress billiard tables, pin Billiard tables 
alleys and ball alleys ; to suppress and restrain disorderly ^^ 
houses, tippling shops and groceries, bawdy houses, gaming 
and gambling houses, lotteries and all fraudulent devices 
and practices, and all playing of cards, dice and other games 
of chance, with or without betting, and to anthorize the 
destruction of all instruments and devices used for the pur- 
pose of gambling. 

SLrteerdh. — To authorize the proper officer of rLe city to Licenser. 
gmnt and issue li'^renses, and to direct the manner of issuing 
and registrating thereof, and the fees and charges to be paid 
therefor. Xo license shall be granted for more than one 
year, and no license shall be granted for more than thirty 
days, except with power reserved to the city council to 
revoke such license at pleasure. The city council shall 
have power to regulate, license, tax, prohibit and punish 
the sale of intoxicating, alcoholic or malt liqu<:»rs, wine, 
feider, beer, soda water or all and any drinks whatever. 

Sei'e?itee/itJi.—To regulate the Hceuse and tax the keeping Sales of intoxi- 
and sale, by drasjgists or other persons authorized by the <^-^iiig liquors, 
iry council, of alcShoUo liquors j- for sacramental, inechanical 



CITIES. 



Foresiallinr 



Butcher? 



.umber, &c. 



ic. 



f. &c 



i3i'ead. 



Bricks. 



roiice. 



Hoi« 



or medical purposes, biit to no other persons and for no 
other nse or purpose M'hatsoever, exce])t as hereinafter 
provided. 

Eighteenth. — To prevent, restrain and punish forestallini>' 
and regrating; to regukite the inspection and vending of 
fresh meats, poultry and vegetables, of butter, l^ird and other 
provisions, and the place and manner of selling fish and 
inspecting the same-. 

Nineteenth.- — To regulate, license and prohibit butchers, 
and to revoke their licenses for malconduct in the course of 
trade. 



Twentieth: — To regulate and 



provide 



for the inspecting 



and measuring of lumber, shingles, timber, posts, staves, 
heading, and all kinds of building materials, and for the 
measuring of all kinds of mechanical work, and to appoint 
one or more inspectors or measurers. 

Twenty-jiTst. — To provide for the inspection and weighing 
of hay, lime and stone- coal, and the place and manner of 
selling the same; to regulate the measurement of firewood, 
charcoal and other fuel to be sold or used within the city, 
and the place and manner of selling the same. 

Twenty-second.— ^Qi regulate the inspection of beef, pork, 
flour, meal and other provisions, salt, whisky, and other 
liquors, to be sold in barrels, hogsheads and other vessels 
or packages; to appoint weighers, gangers and inspectors, 
and prescribe their duties and regulate their fees : Provided^ 
that nothing herein contained shall be so construed as to 
require the inspection of any articles enumerated herein, 
which are to be shipped beyond the limits of the state, 
except at the request of the owner thereof or his agent. 

2wenty-third.—To regulate the weight and cpiality of 
bread, to be sold or used within the city, and the inspection 
thereof. 

Ticenty-fourth. — To regulate the size and quality of pricks 
to be sold or used within the city, and the inspection 
thereof. 

Twenty-Jifth. — To create, establish and regulate the police 
of the city; to appoint watchmen and policemen, and pre- 
scribe their duties and powers. 

Twenty-sixth. — To prevent and suppress any riot, afi'ray, 
noise, disturbance or disorderly assembly, in any public or 
private place within the city. 

Twenty-seventh. — To prohibit, prevent and suppress horse 
racing, immoderate riding or driving in the city, and to 
authorize persons immoderately riding or driving as 
aforesaid to be stopped by any person; to prohibit and 
punish, the abuse of animals; to compel persons to fasten 
their horses or other animals attached to vehicles or other- 
wise, while standing or remaining in the streets. 

Tioenty-eighth. — To restrain and punish vagrants, mendi- 
cants, street beggars and prostitutes, and provide for the 



CITIES. -lyo 

.rrest and pniiishmerit of persons found intoxicated in tiio 
streets or pnblic places. 

Ticenty-nintli.' — To regulate, restrain or prohibit the rnn- Horses, &c. 
niiig at large of horses, cattle, asses, mnles, swine, sheep, 
goats and geese, and to authorize the distraining, impound- 
ing and sale of the same, for the costs of the pi-oceedings 
and the penalty incurred, and to impose penalties on the 
owners thereof for a violation of anv ordinance in relation 
thereto ; to regulate, restrain and prohibit the running at 
large of dogs, and to authorize their destruction when at 
large contrary to ordinance, and to impose penalties on the 
owners or keepers thereof. 

Thirtieth.— 'Ix) prohibit and restrain the rolling of hoops, ^J^^f^f^^i^J;^^^^ 
flying of kites or any other amusements or practices tending 
to annoy persons passing on the streets or side-walks, or to 
frighten horses or teams ; to restrain and prohibit the ring- 
ing of bells, blowing of horns or bugles, crying of goods 
and all other noises, performances and practices tending to 
the collecting of persons on the streets or side-walks, by 
auctioneers- and others, for the purpose of business, amuse- 
ment or otherwise. 

Thirty-first. — To abate all nuisances which may injure <:;r Nuisances, 
affect the public morals, healtli or comfort, in any niaiir^er 
they may deem expedient. 

Thirty -second. — To do all acts and make all regulations Pi'»mote health 
which may be necessary or expedient for the protection and 
promotion of health, and the suppression of disease. 

Thirty-third. — To compel the owner of any grocery, eel- '^^locenes, &c. 
lar, soa]) or tallow chandler, or blacksmith shops, tanneries, 
stable, privy, sewer or any other unwholesome or nauseous 
house or place, to cleanse, remove or abate the same, as may 
be necessary for the health, comfort and convenience of the 
inhabitants. 

Thirty-fourth. — To direct the location and regulate the breweries, <fee, 
management and construction of breweries, tanneries, black- 
smith shops, foundries, livery stables and packing houses ; 
to direct the location and regulate the managem.ent and con- 
struction of, and restrain, abate and prohibit within the city 
and to the distance of one mile from the limits thereof, dis- 
tilleries, slaughtering establishments, establishments for 
steaming or rendering lard, tallow, olial and such other sub- 
stances as may be rendered, and all other establishments or 
other places w-here any nauseous, offensive or unwholesome 
business may be carried on. 

Tidrty-ffth. — To regulate the burial of the dead ; to es- i^yxvi-A'i of dead, 
tabiish one or more cemeteries; to regulate the registration 
of births and deaths; to direct the returning and keeping of 
bills of mortality, and to impose penalties on physicians, 
sextons and others for any default in the premises. 

2 Tdrty-kvxth. — To provide for the taking an enumeration Census. 
of the inhabitants of the city. 



' 9i CITIES. 

'Vorkbouse, ' Tlurty-seveiith . — To erect and establisli a worklionse r»x 
house of correction, make all necessary regulations tlierefor, 
and appoint all necessary keepers or assistants in such work- 
house or house of correction, in which may be confined all 
vagrants, stragglers, idle and disorderly persons, Avho may 
be committed thereto by any proper officer, and all persons 
sentenced by any criminal court or magistrate's court, in and 
for the city, for any assault and battery, petit larceny oi* 
other misdemeanor or breach of any ordinance of the city 
punishable by imprisonment in any county jail; and any 
person who shall fail or neglect to pay any line, penalty or 
costs imposed by any ordinance of the city, may, instead of 
being committed to the county jail of Montgomery county, 
l)e kept therein subject to labor and confinement. 
<:are of juvenile Thirty-eighth. — To authorize and direct the taking up and 
i^agrants. providing for the safe-keeping and education, for such periods 
of time as may be deemed expedient, of all children who 
are destitute of parental care. . 

Thirty-ninth. — To fill up, drain, cleanse, alter, relay, re 
pair and regulate any grounds, lots, yards, cellars, private 
drains, sinks and privies, direct and regulate their construc- 
tion, and cause the expenses thereof to be assessed and col- 
lected in the same manner as side-walk assessments, 
kaiiroad tracks Fortieth. — To direct and control the laying out [and] con- 
^htity.'^^^ "^ struction of railroad tracks, bridges, turn-outs and switches 
in ilie streets and alleys, and the location of depot grounds 
v/itJiin the city; to require that railroad tracks, bridges, turn- 
outs and switches shall be so constructed and laid out as to 
interfere as little as possible with the ordinary travel and 
use of the streets and alleys, and that sufficient space shall 
be left on either side of said tracks for the safe and conven- 
ient passage of teams and persons ;, to requii-e railroad com- 
panies to keep in repair the streets through which their track 
may run, and to construct and keep in repair suitable cross- 
ings at the intersection of streets and alleys, and sewers, 
ditches and culverts when the city council shall deem ne- 
cessary; to regulate the speed of locomotive engines within 
the inhabited portion of the city. 

Forty-first. — The city council shall have power to pass, 
Toaee, trade, publish, amend and repeal all ordinances, rules and police 
&c., protected regulations, not contrary to the constitution or laws of the 
f^y 01 inance. -jjj-^-|-gj:^ States or of tlils state, for the good government, 
peace and order of the city, and the trade and conunercc 
thereof, that may be necessary or j)roper to carry into effect 
the powers vested by this act in the corporation, the city 
government or any department or office thereof; to deter- 
mine w'hat shall be a miisance and provides for the punish- 
ment, removal and abatement of thei same; to enact and 
enforce the observance of all such rules, ordinances and 
polic-3 regulations, and to punish violations of the same by 



lines, penalties and imprisonment in the connty jail^ city 

prison or workhouse, or both, in the discretion of the conrt 

or magistrate before whom conviction may be had; bnt no 

fine or penalty shall exceed live hundred dollars, nor the im- ' 

prisonment six months for any offence ; and snch fine or Pines and peu- 

penalty may be recovered with costs in an action of debt, in ^^^^^^' 

the name or for the use of the city, before any conrt havina; 

jurisdiction, or by presentinent or indictment in the circuit 

court; and any person upon whom any fine or penalty is 

imposed shall stand committed until the payment of the 

same and costs, and in a default thereof, may be imprisoned 

in the count}^ jail, city prison or workhouse, or required to 

labor on the public streets or other public works of the city 

for such time and in such manner as may be provided by 

ordinance, 

Akticle YL — Of Taxation, 

§ 1. The city council shall have power within the city 
by ordinance^ 

First. — To levy and collect, annually, taxes not exceeding Taxes on pro' 
one per cent, on all real and . personal estate and property ^*^^ ^' 
within the city, and personal property of the inhabitants 
thereof made taxable by the laws of the state, for \\\q pur- 
poses of the state, to defray the general and contingent ex- 
penses of the city not herein otherwise provided for, wliich 
taxes shall constitute the general fund; and, also, on the 
same property, taxes not exceeding one-half of one per cent, 
which, with the personal tax, shall constitute the highway 
fund. 

Article YIL- — Of Assessments for Opening Streets and 
Alleys'. 

§ 1. The city council shall have power, upon the petition 
of the owners of two-thirds of the property fronting thereon, 
and without such petition, by the unanimous vote of the 
said city council, to open and lay out all public grounds or 
squares, streets, alleys and highways, or sections thereof, 
and to alter^ widen, construct, straighten and discontinue 
the same ; but no street, alley or highVay or any part thereof, 
shall be discon!inued or contracted without the consent, in 
writing, of all persons owning land or lots adjoining said 
street, alley or highway. The city council shall cause all 
streets, alleys and highv.ays, or public squares bv grounds; 
laid out by them to be surveyed, described and recorded in 
a book to be kept by the clerk, showing accurately and par-^ 
ticularly the proposed improvements and the real estate re- 
quired to be taken; and the same, when opened and made^ 
shall be ]>ublic highways and pubhc squares. 



1{7 CITIES. 



Notice shall bo i^ 2. WJieiiGver any street, alle)' or hip^liway-, public 
•SgTti^eeLr"" c^round or square, is proposed to be laid ont, opened, altered^ 
, widened or straightened, by virtue hereof, and the amount 
of compensation cannot be agreed upon, the city council 
sliall give notice of their intention to appropriate and take 
the land necessary for the same* to the owner tliereof, by 
pnblishing said notice by two insertions in a weekly papei 
or six insertions in a daily paper, in the newspaper publisl 
ing the ordinances of the eity; at tlie expiration of which 
time they shall appoint three disinterested freeholders, re- 
sidinoj in the city, as commissioners, to ascertain and asses:^ 
the damages and recompense due the o\^'ners of said reji' 
estate, respectively, and at the same time determine whai 
persons will be benetitted by such improvement, and asses- 
the damages and expenses thereof on the real estate in the 
neighborhood of the improvenient benefitted thereby, in pro- 
portion, as neai-ly as niay be, to the belieiits resulting to each. 
A majority of the coiincilmen authorized bylaw to be electedj 
shall be necessary to a choice of commissioners. The com- 
missioners shall be sworn faithfully and impartially to exe- 
cute their duties, to the best of their abilities, before enter- 
ing upon their duties; they shall give at least iive days' per- 
sonal notice of the time and place of their meeting for the 
purpose of viewing the premises and making their assess- 
ments, which notice shall be given only to the owners, who 
are residents thereof, and known. They shall view the pre- 
mises, and, in their discretion, receive any legal evidence^ 
and may, if necessary, adjourn from day to da_y. 
Baiidinj^'s that § 3. If there sliould be any buildings standing, in Avhole 

interiere with • , ^i i i i i ' , i ji • • i 

improvemeuts ^^' ^^^ V^^'i, npon the land to be taken, the commissioners be- 
<.F streets to fore ])roceeding to make their assessment, shall first estimate 
and damages ^^^^^ determine the whole value of such building to the owner, 
assessed. ° aside from the value of the land, and the actual injury to 
him in having such building taken from him, audj, secondly, 
the value of such building to him to remove; 
i<-t'ce. § 4:. At least live days' notice shall be given to the ov/ner, 

of sucli determination, when known and resident of the 
city, which may be given personally or in writing left at 
his nsual place of abode; If a nonresident, or unknown, 
like notice to all persons interested shall be given^ by one 
publicittion in the newsper publishing the ordinances of the 
city. Such notice shall specify ihe buildings and the award 
of the commissioners. It shall also require the persons in- 
terested to appear by a day, to be named therein, fiot ex- 
ceeding thirty days, or give notice of the election to the 
city council, either to accept the award of the commissioners 
and allow such building to be taken with the land condemn 
ed' or a}>propriated, or of their intention to receive such 
building at the value set thereon by the commissioners, to 
remove, li' the owner shall as^ree to remove such buildin<>:, 



CITIE8, 1^.7 

he sliall have such reasonable time for that purpose as the 
city council may direct. 

^ 5. If the owner refuse to take the builclino- at its ap- '^^^^,,.^^ s"^^ 

• 1 1 ^ i- -1 ^ • ^- i 1 • • J. bu. Wines. 

praised value, to remove, or tail to give notice ot his inten- 
tion, as aforesaid, witliin tlie time prescribed, the city council 
shall have power to direct the sale of such building, at pub- 
lic auction, for cash, or on a credit, giving five days* public 
notice of the sale. The proceeds of the sale shall be paid 
to the owner or deposited to his nse. 

§ 6. In making their assessment, the said commissioners Mode of assessr 
shall ascertain the value of the land taken, all expenses of ^^^ damages, 
the improvement and damages occasioned thereby, and then 
assess upon the property in the neighborhood benefitted, in 
fair proportions, a sum sufficient to cover the whole amon.nt 
thereof, which shall be paid by the owners, respectively, 
and be a lien upon the property on which it may be assessed^ 
and collected as other taxes are collected, by sale of the 
land or otherwise. The value of the land taken from any 
owner shall be a credit to him on the assessment against him 
for his share of the improvement; and, if more, the diti:erence 
shall be paid him, in money, before the land is taken. Said 
cuinnussioner shall particularly describe the lands and parcels 
un which either assessment may be made, and make a return 
of their prot-eedings 'and assessments to the city council 
within ten days after its completion. 

§ 7. Tlie clerk shall give ten days' notice, by one publi- 
cation in the newspkper publishing the ordinances of tlie 
city, that such assessment has been returned, and on the 
day to be specified therein, will be acted npon by the city 
council, unless objections are made to the same, by some 
person interested. Oljjections may be heard before the city 
council, and the hearing may be adjourned from day to day. 
The council shall have power, in their discretion, to alter, 
confirm or amend the assessment. If annulled, all the pro- 
ceedings shall be void. If altered or confirmed, an order 
shall be entered, (jirecting a warrant to issue for the collec- 
tion thereof. 

§ 8. The city council shall have power to remove the Power of 



CUV 



commissioners, and, from time to time, appoint others in p^,^°t^comm^s- 
place of such as may be removed, refuse, neglect, or are sionersandre^ 
unable, from any cause, to serve. niorethem. 

§ V. The land required to be taken for the making. Olden- 
ing, widening, straightening or altering any street, alley or 
other Mghway, or public ground or square, shall not be aj)- 
propriated until the damages awarded therefor to any owner 
thereof, under this act, shall be paid or tendered to such 
owner or his agent, or in case such owner or agent cannot 
be found in the city, deposited to his or their credit in some 
safe place of deposit, other than the hands of the trustees 
[treasurer]; and tlien, and not before, such lands may be 
taken and appropriated for the purpose required in making 



198 CITIES. 

siicli improv'ements ; and such streets, alleys or other high 
ways or public ground, may be made and opened, 
jnregardtoap- ^ 10- Ally pcrson interested may appeal from any final 
' peals. order of the city council for opening, altering or straighten- 

ino- any street, alley, highway or public ground, to the police 
court or circuit court. After the passage of said final order, 
^aid court shall hear and determine such appeal and con- 
firm or annul the proceedings; from which appeal, no judg- 
ment or writ of error shall lie. Upon trial of the appeal ail 
questions involved in said proceedings, including the amount 
of damages, shall be open to investigation, by afiidavit or 
oral testiniony, adduced to the court, or upon application of 
the city, or any partj^, the auiount of damages may be 
assessed by a jury in said court, without formal pleading, 
and judgment rendered accordingly. The court shall not 
set aside the proceedings or final order of the council for 
any omission or informality, without injury has resulted 
therefrom. 
Procecdincrs § H- When any owiicr knowii, or Other pcrson having 

against m'mors anv interest in any real estate, residing in the city or else- 
where, shall be ah infant, and any proceeding shall be had 
under this act, the judge of the circuit court or any judge 
of a court of record, may, upon the application of the city 
council, or suoh infant, or his next friend, appoint a guardian 
for such infant, taking security from such guardian for the 
faithful execution of such trust; and all notices and sum- 
mons required by this act, shall be served on such guardian, 
and the final determination of either the common council or 
court in the premises, shall be conclusive on such inlant, 
and the proceedings shall not be opened at any time there- 
after. 

Article YIII. — Public Improvements and Assessme 
therefor. 

gfreets. § 1- The city council shall have power, from time to 

time, upon the petition of the owners of two-thirds ot the 
property fronting thereon, or wdthout such petition, by the 
iinaiiinious vote of the council, to cause any street, alley or 
other highway, or section thereof, to be graded, regraded, 
leveled, paved or planked, and keep the same in repair and 
alter and change the same ; to cause side and cross-walks, 
main drains and sewers and private drains, or section thereof, 
to be constructed and laid, relaid, cleansed and repaired, 
and regulate the same; to grade, improve, protect and orna- 
ment any public square or the public ground, now or 
hereafter laid out. 

Cit7 taxes. § 2. The city council shall have power to assess and 

collect of the owners of lots or real estate on any street or 
other highway or any part thereof, in the same manner as 
other city taxes, or in such manner as may be prescribed 



CITIES. 199 

\)j ordinance, all expenses and damages for the purpose of 
grading, paving or planking such streets, side-walks, pavement 
or other highway. All owners or occupants of lots or lands 
in front of or adjoining, or upon whose premises the city 
council shall order and direct side-walks or private drains 
or gutters, communicating with any main drain to be con- 
structed, graded, paved, planked, repaired, relaid or '^Jeansed, 
or shall declare any such lands or lots to be nuisances and 
order the same to be graded, hlled up and drained or other- 
wise improved, shall make, grade, pave, plank, repair or 
relay such side-walk or make or cleanse sach private drain 
or grade, till up, drain or otherwise improve such lot or lands 
at their own costs and charges w^ithin the time and manner 
prescribed by ordinance or otherwise, and if not done within 
the time and in the manner prescribed, the city council ma}^ 
cause the same to be constructed, paved, planked, repairedj 
relaid, cleansed, tilled up, graded, drained or otherwise 
improved, and assess the expense and damage thereof by 
an order to be entered in their proceedings upon the lots 
and lands respectively, and collect the same by warrant and 
sale of the premises, as in other cases. A suit may also be 
maintained against the owner of such premises for the 
recovery of such expenses as for money paid and laid out to 
his use at his request. 

§ 3. In all cases where expenses may be incurred in the Removal of any 
removal of any nuisance, the city council may cause the nuisances, 
same to be assessed agaiiist the rcid estate chargeable there 
with, in the same maimer prescribed in the foregoing section. 
Such expenses may likewise be collected by the owner or 
occupant of such premises, in a suit, for money expended 
to his or their use; and in case the same should not be 
chargeable to any real estate suit may in like manner be 
brought for such expenses against the author of such nuis- 
ance, if known, or any person whose duty it may be to 
remove or abate the same. 

§ 4. The city council shall have power to compel the 
ow^ners of lots or grounds fronting or adjoining any public 
or private alley, to keep the same clean, and if necessary, to 
direct the same to be paved, planked or otherw^ise, and the 
costs thereof to be assessed and collected in the same man- 
ner as side-walk assessments. 

AiiTiCLE YK—Gollectkm of Tajces and Assessments. 

§ 1. The annual assessment lists shall be returned by Asse^^mimii^t 
the assessor on or before the first day in May in each year ; 
but the time may be extended by the city council. On the 
return thereof the city council shall fix a day for hearing 
objections thereto, and the clerk shall give one week's notice 
of the time and place of such hearing by one publication in 
the newspaper publishing the ordinances of the city; and 



; •' CITIES, 

anv person feeling ag2:rieved by the assessment of his pro- 
perty, may appear at tlie time specitied and make liis objep- 
tions, The city council shall have power to supply omissions 
in said assessment lists, and for tiie purpose of equalizing 
the same, alter, add to, take from and otherwise correct 
and revise the same, or to refer the same back to the assessor 
with instructions to revise and correct. 
Assessment list § 2. When the assessment lists have been corrected and 

to be tiled. revised, the same shall be filed and an order confirming and 
directing the warrant to be issued for the collection thereof, 
shall be entered by the clerk. The city council shall there- 
upon, by an ordinance or resolution, levy such sum or sums 
of money as may be sulficient for the several purposes for 
wdiich taxes are herein authorized to be levied, not exceeding- 
one per cent, for general purposes, one-half of one per cent, 
for highway purposes and two per cent, for school purposes, 
and in their 'discretion, specifying the purposes for v/hich 
the same are levied, and if not for general purposes, th' 
division of the city upon which the same are laid. . 
,^ g 3. All taxes and assessments, general or special, levied 

or assessed by the city council under this act or any ordinance 
in pursuance thereof, shall by jbe] alien upon the real estate 
upon which the same may be imposed, voted or assessed for 
two years from and after said first day of May, and on per- 
sonal estate from and after the delivery of the warrant f n- 
the collection thereof until paid; and no sale or transfer 
shall affect the lien. Any personal property belonging to 
the debtor may be taken and sold for the payment of taxes 
on real estate, and the real estate shall be liable for the taxes 

:•: ovi-j. on personal estate in case of removal: Provided^ that in case 

the collection of any assessment shall be delayed by injunc- 
tion or other judicial proceedings, the same shall continue a 
lien, unless set aside, upon the real estate for the period of 
two years, from and after the final disposition of such injunc- 
tion or other judicial proceedings. 

Warrants for § 4. The clcrk sliall issuc a warrant or warrants for the 

+^axes. taxes, and rule therein separate columns, in which the tax 

levied shall be respectively set down opposite the name of 
the person, or such real estate subject thereto. Each column 
shall be headed v\'itli the name of the tax therein set down. 
§ 5. All warrants issued for the collection of general or 
special taxes and assessments shall be signed by tiie mayor 
and clerk, with the corporate seal thereto attached, and shall 
contain true and perfect copies of the corrected assessment 
lists upon which the same may be collected, and shall be 
delivered to the city marshal for collection by the first day 
of June, unless further time be given by the city council, of 
which he shall give notice by publication in the newspaper 
publishing the city ordinances. The marshal shall tliereupon 
proceed to the collection of said taxes; but he shall in no 
case be compelled to make personal call or demand for the 



CITIES. 201 

same. If not otherwise paid by the first day of Jiily follow- 
ing, the marshal shall have power to collect said taxes, with 
interests and costs, by suit in the the corporate name of the 
city or by distress and sale of personal property. And the 
marshal shall be a competent witness, and the warrant to 
him as aforesaid, evidence on the part of said city. 

§ 6. All taxes or assessments, general or special, shall be city mai-shaito 
collected by the collector, in the same manner and with the i^ave the pow- 
same powers and authority as is given by law to collectors coiiecto?s^ ^ 
of county and state taxes ; and his duty in regard to return- 
ing warrants and settling with the city, and his liabilities in 
case of default or misconduct, shall be the same as prescribed 
by law : Provided, the city council shall have power to pre- proyiso. 
scribe the powers, duties, compensation and liabihties of the 
collector by ordinance. 

§ 7. In case of the nonpayment of any taxes or assess- ^fonpayment. 
ments levied or assessed under this act by the first day of 
July of each year, the premises may be sold at any time 
thereafter within two years. Before such sale an order shall 
be made by the city council, which shall be entered at large 
on the journals or records, particularly describing the 
delinquent premises to be sold and the amoimt of taxes for 
which the sale shall be made, besides the costs, which costs 
need not then be ascertained, and directing sale thereby to 
be made by the marshal, a certified copy of which order, 
under the corporate seal, signed by the mayor or presiding 
ofiicer and clerk, shall be delivered to the marshal, and shall 
constitute the process upon which such sale shall be made. 

§ 8. The marshal shall then advertise such premises in AdTertisement 
the newspaper publishing the ordinances of the city for sale, 
at least thirty days from and after the first publication of 
such notice, describing the premises, by figures or otherwise, 
with the name of the owner, when kno^vn, and the several 
amounts and assessments thereon and costs. Said notice 
shall also contain the time and place of sale, and shall be 
published at least fom- times. The proceedings for the sale 
of any piece of ground may be stopped at any time on the 
payment of taxes or assessment and interest, with expenses 
of advertising the same. 

§ 9. All sales shall be conducted in the manner required Manner of con- 
' by law; but the city council shall have power to prescribe <i^^*"^g ^^i^^- 
[ the manner of conducting the same. The sale shall be 
I made for the smallest portion of ground, to be taken from 
I the east side of the premises, for which any person will pay 
[. the taxes or assessments thereon, with interest and costs of 

I sale. Duplicate certificates of sale shall be made and sub- 
scribed by the collector, one of which shall be delivered to 
the purchaser and the other filed in the office of the clerk ; 
which certificates shall contain the name of the purchaser, a 
description of the premises sold, the amount of taxes or 
assessments thereon, with interest and expenses for which 
— N 



CITIES. 

tlie same was sold and when the time to redeem will expire. 
The marshal shall be allowed the same fees for selling as are 
allowed by law for similar services, or his fees may be regu- 
lated by ordinance. The clerk shall keep a record of such 
sales, which shall be open to the pubhc inspection at all 
reasonable times. 
The right of re- § ^^' '^^^ right of redemption in all cases for sales for 
demptioD. taxes or assessments shall exist to the owner, his heirs, 
creditors or assigns, to the same extent that it is allowed by 
law in cases of sales of real estate for taxes, on the pajmient 
in specie of double the amount for which the same was sold ; 
and all taxes accruing, chargeable or paid on the premi- 
ses subsequent to the sale [with] interest. In case of 
redemption the money may be paid to purchaser or to the 
person entitled to the same or for him to the city clerk, who 
shall make a special deposit thereof with the treasurer, taking 
his receipt therefor. If not redeemed accordingly, the city 
council shall, upon the return of the certificate or proof of 
its loss, direct a deed to be executed to the purchaser, under 
the corporate seal, signed by the mayor or presiding officer 
of the city council and countersigned by the clerk, convey- 
ing to such purchaser the premises so sold and unredeemed 
as aforesaid. An abstract of aU deeds so made and deliv- 
ered shall be entered by the clerk in the book where the tax 
sales are recorded. A fee of one dollar may be charged by 
the clerk for any deed so issued. 
Assi nees § ^^- "^^^ assignee of any tax certificate of any premises 

sold for taxes or assessments, under authority of the city, 
shall be entitled to receive a deed of such premises in his 
own name and with the same effect as though he had been 
the original purchaser : jProvided, he or they, through whom 
he claims, shall have paid all taxes and assessments made 
since such sale on said premises. 
Purchase b § ^^^' ^^ ^^ ^^^ ^^^^ ^^ ^'^^^ ^^ personal estate for taxes 
city. ^ or assessments, no bids shall be made for any parcel of land 

or any goods or chattels, the same shall be struck off to the 
city, and thereupon the city shaU receive, in the corporate 
name, a certificate of the sale thereof, and shall be vested 
with the same rights as other pm-chasers at such sales. All 
persons, before they shall be entitled to a deed for premises 
sold for the nonpayment of taxes, shall comply with section 
4, article 9, of the constitution of this state, and shaU. pro- 
duce to the proper officer the proof thereof. 
rpitig § 13. All sales of lands or lots for nonpayment of taxes 

contemplated by this act and deeds made to purchasers or 
their assignees for the same, shall convey to the holder of 
such deed a perfect title in fee simple to said land or lot, 
and in all suits and controversies in relation thereto any 
person claiming such title shall be compelled to prove only , 
the order of the city council directing the sale and the pro- 
cess upon which the sale was made, as provided for in section 



CITIES. 203 

seven, of article nine, of this act ; and persons claiming title 
adversely thereto shall be permitted to defeat such title by 
proving that such land or lot was not subject to taxation at 
the time of the assessment, or that the taxes were paid or 
land or lot redeemed according to the provisions of this act; 
but no person shall be permitted to question the title acquired 
by said deed without first showing that he or they or those 
under whom he or they claim have paid the full amounts of 
taxes, costs, expenses and assessments made on the said land 
or lot since said sale for taxes, or that the same has been 
deposited with the city treasurer for the use of the one enti- 
tled to receive it. 

Article X — Fire Dejpa/rtment. 

§ 1. The city council, for the purpose of guarding against Fire limits. 
the calamities of fire, shall have power to prohibit the erec- 
tion, placing or repairing of wooden buildings within the 
limits prescribed by them, without their permission, and 
direct and prescribe that all buildings within the limits pre- 
scribed, shall be made or constructed of fire-proof materials, 
and to prohibit the rebuilding of wooden buildings; to 
declare all dilapidated buildings to be nuisances, and to 
direct the same to be repaired, removed or abated in such 
manner as they shall prescribe and direct; to declare all 
wooden buildings which they may deem dangerous to con- 
tigiious buildings or in causing or promoting fires, to be 
nuisances, and to require and cause the same to be abated 
or removed in such manner as they shall prescribe. 

§ 2. The city council shall have power — 

First — To regulate the construction of chimneys and flues Constrnction of 
so as to admit of chimney sweeps or other mode of cleaning, chimneys and 
and to comj^el the sweeping and cleaning of chimneys. 

Second. — To prevent and prohibit the dangerous construc- 
tion of chimneys, flues, flre-places, stove-pipes, ovens or any 
other apparatus used in or about any building or manufac- 
tory, and to cause the same to be removed or placed in a 
secure and safe condition when considered dangerous. 

Third. — To prevent the deposit of ashes in unsafe places, Ashes. 
and to appoint one or more officers to enter into all buildings 
and^ inclosure to examine and discover whether the same 
are in a dangerous state, and to cause such as are dangerous 
to be put in a safe condition. 

Fourth. — To require the inhabitants to provide as many To provide fire 
fire buckets, and in such manner and time as they shall buckets. 
prescribe, and to regulate the use thereof in times of fire, 
:and to require all owners and occupants of buildings to 
construct and keep in repair wells or cisterns upon their 
premises. 



204 CITIES. 

Fifth. — To regulate and prevent tlie carrying on of manu- 
factories and works dangerous in promoting and causing 
fires. 
Fire-works and Sixth. — To regulate, prevent and prohibit tlie use of, fire- 
fire-arms, works and fire-arms. 

Gun owder Seventh. — To prohibit or have the management of houses 

Ac. ' for storing of gunpowder or direct and prohibit other and 

dangerous materials within the city ; to regulate the keeping 
and conveying the same, and the use of candles and other 
lights in stables and other like houses. 
WaUs and fen- Eighth. — To regulate and prescribe the manner and order 
ces. cf the building of parapet and partition walls and of parti- 

tion fences. 
Scuttles. Nintli. — To compel the owners, or occupants of houses on 

other buildings to have scuttles in the roofs, staii-s or ladders ; 
leading to the same. 

Tenth. — To authorize the mayor, fire wardens or other 
ofiicers of the said city to keep away from the fires all and 
any suspicious persons, and to compel all ofiScers of the city 
and all other persons, to aid in the extinguishment of fires 
and in the preservation of property exposed to damage on 
danger thereat, and in preventing goods from being stolen. 
General regu- Eleventh. — And generally to establish such regulations fon 
lations. ° the prevention and extinguishment of fires as the city coun- 
cil may deem expedient. 

§ 3. The city council may procure fii'e engines and aU i 
other apparatus used for the extinguishment of fires, and| 
have the control and charge of the same, and provide secure 1 
and fit houses and other places for keeping and preserving 
the same, and shall have power — 
Fire companies Fir%t. — To Organize fire, hook, hose, ax and ladder com- 
panies. 

Second. — To appoint, during their pleasure, a competent ; 
number of able and respec cable inhabitants of the city, 
firemen, to take the care and management of the engines 
and other apparatus and implements used and provided for' 
the extinguishment of fires. 

Third. — To prescribe the duties of firemen and to make: 
rules and regulations for their government, and to impose 
reasonable penalties upon them for a violation of the same, 
and for incapacity, neglect of duty or misconduct to remove 
them. 

Engineers. Foitrth. — The city council shaU have power to appoint a 

chief and assistant engineers of the fire department, and 
they, with other firemen, shall take the care and manage- 
ment of the engines and other apparatus and implements 
provided and used for the extinguishment of fires, and their 
powers and duties shall be prescribed and defimed by the 
city council. 



CITIES. 205 

Article XI — Board of Health. 

§ 1. A board of health, consisting of three or more Board of health 
commissioners, may be appointed, annnallj, bj the city 
council, and the mayor or presiding officer of the city coun- 
cil sliall be president of the board; and the city clerk shall 
be their clerk, and keep minutes of their proceedings. 

§ 2. It shall be the duty of health officers to visit every Visiting of sick 
sick person who may be reported to them, as hereinafter P^'^^ons. 
provided, and to report, with all convenient speed, their 
opinion of the sickness of such person to the clerk of the 
board, and to visit and inspect all houses or places in which 
they may suspect any person to be confined with any pesti- 
lential or infectious diseases, or to contain unsound pro^dsions 
or damaged or putiid animal or vegetable matter or other 
unwholesome articles, and to make report of the state of the 
same, with all convenient speed, to the clerk of the board. 

§ 3. AU persons in the city, not residents thereof, who of infectious 
may be infected with any pestilential or infectious disorder, Jj^e^^^''''^^ 
or all things which m the opinion of the board shall be 
infected by or tainted with pestilential matter and ought to 
be removed so as not to endanger the health of the city, 
shall, by order of said board, be removed to some projjer 
place, not exceeding five miles, beyond the hmits of the 
city, to be provided by the board, at the expense of the 
person to be removed, if able; and the board may order 
any Imniture or wearing apparel to be destroyed, whenever 
they may deem it necessary for the health of the city, by 
making just compensation. 

§ tt. The city council shall have power to prescribe the 
powers and duties of the board of health, and punish, by 
fine or imprisonment or both, any refusal or neglect to 
observe the orders and regulations of the board. 

§ 5. The health officers may be authorized by the city other powers 
council, when the public interests require, to exercise for ^^.g^®'^ *^®" 
the time being, such of the powers and perform such of the 
duties of marshal or street commissioner as the city council 
may in their discretion direct; and shall be authorized to 
enter all houses and other places, private or public, at all 
times, in the discharge of any duty under tliis act, or any 
ordinance. 

§ 6. Every person practicins^ physic in this city, who Phvsicians are 
shall have a patient laboring under any mahgnant, infectious repon^^e^!'' 
or pestilential disease, shall forthwith make report, in writing, 
to the clerk of the board, and for neglect to do so, shall be 
considered ^'uilty of a misdemeanor, and Hable to a fine not 
exceeding fifty dollars, to be sued for and recovered with 
costs in an action of debt, in any court having: cognizance 



L,, XXX CXXJ V.V,..XW XXCVTX^j., ^. 



thereof, or before a justice of the peace, for the use of said 
city. 



206 CITIES. 

Article XII — Of ScJwol amd /School Fund. 

Commou § 1- All those parts of townships number eiglit (8) and 

school district, j^q (Q) north, of range five (5) west of the thii-d (3) prin- 
cipal meridian, lying within the corporate limits of said city 
of Litchfield, as denned in article I of this act, with such 
other parts of said townships as may be incorporated with 
and come under the jurisdiction of said city, is hereby crea- 
ted into a common school district, to be known as the 
"Litchfield School District." 
Division of the § '^' '^^^^ school land, school fund, and aU other real and 
school fund, personal estate of said townships, shall be divided between 
the said city of Litchfield and the portions of the townships 
lying without the Kmits thereof, in the proportions and man- 
ner following: The trustees of schools of each of said town- 
ships shall, within three months from the passage of this act, 
appoint two commissioners, who shall be respectable house- 
holders, one of whom shall reside in the city and the other 
in the portion of the townships out of the city, who, after 
being duly sworn well and truly to perform their duties, shall 
proceed to ascertain, as nearly as may be, the whole number 
of white persons under the age of twenty-one years, residing 
in the whole of their respective townships, and the whole 
number residing in said city and without said city, in the 
said townships, and thereupon the said trustees of each of 
said townships shall divide and apportion the aforesaid 
township fund and real and personal estate between said 
city and said townships without said city, in the proportion 
of and according to the number of persons aforesaid, residing 
within the city and without the city, in the said townships, 
respectively; and the said commissioners shall have power 
to make partition of and division of all the funds and real 
and personal estate belonging to said townships between 
the city and the portions of townships without the city, in 
the proportions aforesaid, and having completed the same, 
shall make a full retm-n of their proceedings to the trustees 
aforesaid. In case the said commissioners shall refuse or 
neglect to perform their duties the trustees shall appoint 
others in their stead, who shall be chosen, sworn and perform 
the Hke duties assigned to the first commissioners ; and the 
trustees shall have power to fill vacancies and make appoint- 
ments until the objects of this act are carried into effect; 
and if the trustees shall refuse to make such appointments 
or neglect to make them within three months of the passage 
of this act, then the county school commissioner of Mont- 
gomery county shall be empowered to make them, and all 
the duties assigned by this article to the tnistees shall, in the 
event of such refusal or neglect, be assigned to him. 
Deliver fiinda, § 3. The trustees of schools of said township shall, upon 
^^' such decision, j)artition and return of the commissioners 

being made, pay over and deliver to the clerk of the city of 



CITIES. 207 

Litchfield the fands and other personal estate, and make, 
execute and deliver to the said cit7 of Litchfield all neces- 
sary deeds and other conveyances for the distributive share 
of the real estate of said townships to which the said Litch- 
field school district may be entitled, according to the divi- 
sion and distribution aforesaid, and take receipts for the 
same from the clerk. 

§ 4:. It shall be the duty of the city council to cause an Abstract, 
abstract of the whole mmiber of white children under the 
age of twenty-one years, in the Litchfield school district, to 
be furnished to the school commissioner of Montgomery 
county within ten days after the same shall have been ascer- 
tained ; and the school commissioner shall annually pay to 
the clerk of the city of Litchfield the proportion of the 
school, college and seminary fund to which the said Litch- 
field school district may be entitled, according to the num- 
ber of persons imder the age aforesaid, residing in said dis- 
trict, taking his receipt therefor; but no abstract shall be 
required to be returned to the school commissioner oftener 
than it is required by law in other school districts. 

§ 5. The school land, school fund and other property of Property vest- 
the Litchfield school district shall be vested in the city of ^^^^ti^e^ty- 
Litchfield. The city council shall have power at all times 
to do all acts and things in relation to said school land, school 
fund and other property which they may think proper to 
their safe preservation and efficient management, and sell or 
lease said lands and all other property which may have been 
or may hereafter be donated to the school fund, on such 
terms and at such times as they may deem most advan- 
tageous, and on such sale or lease to make, execute and de- 
liver all proper conveyances, which said conveyance shall 
be signed by the mayor or presiding officer and counter- 
signed by the clerk, sealed with the corporate seal; but the 
proceeds arising from such sales shall be added to and con- 
stitute a part of the school fund. 

§ 6. Nothing shall be done to imj^air the principal of Fund, 
said fond or to appropriate the interest accruing from the 
same to any other purpose than the payment of the teachers 
in the public schools of the district ; and should there be 
any surplus of interest, it shall be carried to and form a 
part of the school fund. 

§ r. The city council shall have power— ^c°o?rSi?^ 

I^irst. — To erect, hire or purchase buildings suitable for Buiidiugs. 
school houses, and keep the same in repair. 

/Second. — To buy or lease sites for school houses, with the Sites. 
necessary grounds. 

Third. — To furnish schools with the necessary fixtures, Furniture. 
furnitm-e and apparatus. 

Fourth. — To maintain, support and establish schools, and Taxes, 
supply the inadequacy of the school fund for the payment of 
city teachers from school taxes. 



208 



CITIES. 



Teachers' sala- 



Book3 and stu- 
dies. 



School dis- 
tricts. 



Boai-d of in- 
spectors. 



General powers 



School agent. 



Bonds, <!ii;c. 



Loan of school 
fund. 



Notes taken. 



Expenses, 

Deceased per- 
sons. 



Fifth. — To fix the amount of compensation to be allowed 
to teachers. 

Sixth. — To prescribe the school books to be used and the 
studies to be taught in the difierent schools. 

Seventh. — To lay oft' and divide the city into smaller 
school districts, and, from time to time, alter the same or 
create new ones, as circumstances may require. 

Eighth. — The city council shall be ex officio directors of 
schools ; but they may appoint four inspectors, to be denom- 
inated a "Board of School Inspectors;" also two trustees of 
schools in each district, and estabhsh and prescribe the pow- 
ers and duties of each. 

Ninth. — And generally to hare and possess all the rights, 
powers and authority necessary for the proper management 
of schools and the school lands and funds belonging to the 
said school district, with power to enact such ordinances as 
may be necessary to carry their powers and duties into 
effect. 

§ 8. The city council shall have power to appoint a 
school agent, who shall have the custody and management 
of the money, securities and property belonging to the 
school fund of the district, subject to the direction of the 
city council. 

I 9. The school agent, before entering upon his duties, 
shall give bonds in such amount and with such conditions 
and securities as the city council may requii'e ; his compen- 
sation shall not be paid out of the school fund, and he shall be 
subject, for misconduct, to the same penalties and imprison- 
ment as county school commissioners are or may be subject 
to by law. 

§ 10. The school fund shall be kept loaned at interest at 
the rate of ten per cent, per annum, payable semi-annually 
in advance. No loan shall be made for a longer period 
than five years, and all loans exceeding one hundred dollars 
shall be secm-ed by unincumbered real estate of double the 
value of the least sum loaned, exclusive of the value of 
perishable improvements thereon. For sums less than one 
hundred dollars, two good securities beside the principal 
shall be requu-ed: Pmmded^ the city council shall have 
power to increase the rate of interest by a vote of two-thirds 
of all the aldermen elected. 

§ 11. All notes and securities shall be taken "to the 
city of Litchfield for the use of the inhabitants of said city 
for school purposes," and in that name all suits, actions and 
every description of legal proceedings may be had. 

§ 12. All expenses of preparing or recording secmities 
shall be paid exclusively by the borrower. 

§ 13. In the payment of the debts of deceased persons, 
those due the school fund shall be paid in preference to all 
others, except expenses attending the last illness and funeral 
of the deceased, not including the physician's bill. 



OITESS. 209 

§ 14, If default be made in the payment of interest or Default 
of the principal, when due, the same may be recovered by 
suit or otherwise. 

§ 15. All judgments recovered for interest or principal Judgments, 
or both, shall respectively bear interest at the rate specified 
in the note from the rendition of judgment until paid, and 
in case of the sale of real estate thereon, the city of Litch- 
field may become the purchaser thereof, for the use of the 
school fund, and shall be entitled to the same rights given 
by law to other purchasers. On redemption, ten per cent, 
interest shall be paid from the time of sale. 

§ 16. JSTo costs made in the course of any judicial pro- Costs, 
ceeding in which the city of Litchfield, for the use of the 
school fund, may be a party, shall be chargeable to the 
school fund. 

§ 17. If the secui-ity on any loan should at any time Secui-ity. 
before the same is due, become, in the judgment of the 
school agent and city council, insecm^e, the agent shall 
notify the person indebted thereof, and unless further satis- 
factory security shall be forthwith given by the debtor, 
judgment may be recovered thereon, as in other cases, 
although no conditions to that eff'ect be inserted in the note 
or other security. 

§ 18. The council shall annually pubhsh, at such times Publications, 
as may be prescribed by ordinance, in the newspaper pub- 
Hshing the ordinances of the city, a statement of the num- 
ber of pupils instructed in the year preceding, the several 
branches of education pursued by them, and the receipts 
and expenditures of each school, specifying the sources of 
such receipts and the object of such expenditures. 

§ 19. The school tax shall be paid into the city treasury School tax. 
and be kept a separate fund for the building of school 
houses and keeping the same in repair, and supporting and 
maintaining schools ; and should there at any time be a sm*- 
plus, the same may be paid over to the school fund and form 
a j^art of the same. 

§ 20. Any person owning land or residing around or Annex toLitch 
adjacent to said city, within two miles thereof, may, with ^^^^ district 
his consent and the consent of the trustees of his township, 
be annexed to said Litchfield school district, and school tax 
may be levied and collected upon the lands and property of 
such person, subject to taxation by the city collector in the 
same manner as school taxes within the said district. 

Article XIIL — Miscellaneous Provisions. 

§ 1. The city council shall, at least ten days before the Yearly state- 
annual election in each year, cause to be published in the ^l^l^^ °^ £ 
newspaper pubHshing the ordinances of the city, a correct published, 
and full statement of the receipts and expenditures from the 
date of the last annual report, together with the sources 



210 CITIES. 

from wliich the former are derived and the mode of dis- 
bursement, and also a distinct statement of the whole 
amount assessed, received and expended in the several 
wards and divisions for making and repairing streets, high- 
ways and bridges for the same period, together with such 
information as may be necessary to a full understanding of 
the financial concerns of the city. 

ExempUon. § ^- "^^^ inhabitants of the city of Litchfield are hereby 

exempted from working upon any road or highway beyond 
the limits of the city, and from paying the tax in lieu there- 
of without said limits. 

§ 3. The city coimcil may provide for the payment of 
the city attorney's and prison keeper's fees when they can 
not be collected from the offender; but said city, or any 
person prosecuting on its behalf, shall not in any case be 
compelled to pay or give security for costs before com- 
mencing suit, nor at any other time, until it is ascertained 
they can not be made out of the defendant. 

Fines. § 4. All fines, forfeitures and penalties collected for 

offences committed within said city shall belong to said city 
and shall be paid into the treasury thereof by the ofl&cers 
collecting the same. 

Survey of city § 5. The city council shall have power to cause the lots 

property. and blocks of the city to be surveyed, platted and number- 
ed in consecutive numbers from one upwards, and to desig- 
nate and number all fractional or other lots or blocks in 
such manner as they may prescribe by ordinance ; and such 
plat, designation and numbers, when made and didy record- 
ed, shall be a good and vahd description of such blocks, lots 

To establish or fractional blocks; to estabhsh, mark and declare the 

^Seei"^^ °^ boundaries and names of streets and alleys ; to require that 
all additions hereafter made to said city, or all lands adjoin- 
ing or within the same, laid out into blocks or lots, shall be 
so laid out and platted to correspond and conform to the 
regular blocks, streets and alleys already laid out and estab- 
lished within the city. 

§ 6. The street commissioner, in addition to the penal- 
ties prescribed by ordinance, shall, for willful neglect of 
duty, be liable to indictment and fine. 

Fines and pen- § Y. Neither the city council nor mayor shall remit any 
aities. £j^g Qj. penalty imposed for any violation of any of the laws 

or ordinances of said city, or release from confinement, un- 
less two-thirds of all the aldermen elected shall vote for 
such release or remission; nor shall any thing in this act be 
so construed as to oust any court of jurisdiction to abate and 
remove any nuisance within its jurisdiction by indictment 
or otherwise. 

Reconsidera- § 8. No vote of the city council shall be considered or 

tion. rescinded at a special meeting, unless the meeting be called 

in whole or in part for that purpose, and the aldermen be so 

notified, and unless at such special meeting there be present 



orriES 211 

a3 large a number of aldermen as was present when the 
vote was taken. 

§ 9. The cemetery lots which may be laid out and sold Cemetery, 
by the city or private persons for private places of burial, 
shall, with the appm^tenances, forever be exempt from exe- 
cution and attachment. 

§ 10. Every ordinance, regulation and by-law imposing Pubiicatioa. 
any penalty, fine, imprisonment or forfeiture for a violation 
of its provisions, shall, after its passage thereof, be publish- 
ed three [days] when there is a daily paper published, other- 
wise once in a weekly paper: Provided^ the proof of sueh 
pubhcation shall not be necessary, unless it is denied under 
oath ; and such pubhcation may be dispensed with entirely, 
in cases of emergency, \)^ the unanimous vote of the coun- 
cil ; and proof of such pubhcation, by the affidavit of the 
printer or pubhsher of such newspaper, taken before any 
ofiicer authorized to administer oaths, and filed with the 
clerk, or any other competent proof of such pubhcation 
shall be conclusive evidence of the legal pubhcation and 
promulgation of such ordinance, regulation or by-law in all 
courts and places. 

§ 11. All actions brought to recover any penalty or for- Actions and 
feiture incurred under this act, or any ordinance by law or ^"^^^ ^* ^^^' 
pohce regulation made in pursuance thereof, shall be 
brought in the corporate name. It shall be lawful to de- 
clare, generally, in debt, for such penalty, fine or forfeiture, 
stating the clause of this act or the by-law or ordinance un- 
der which the penalty or forfeitm^e is claimed, and to give 
the special matter in evidence imder it ; or the defendant 
may be tried by presentment in the court of common pleas. 

§ 12. In all prosecutions for any violation of any ordi- 
nance, by law or regnilation, the first process shall be a sum- 
mons, unless oath or affirmation be made for warrant, as in 
other cases ; and the council may provide for issuing the 
warrant in "the instance, without oath. 

§ 13. The city magistrate shaU have concurrent author- City magis 
ity with justices of the peace under the laws of this state, *^^*®' 
and in the event of his oflice becoming vacant, or his in- 
abihty to attend to its duties for a time, the city council 
shaU [have] power to designate any neighboring magistrate, 
who shall attend to the said duties until the vacancy shall 
[be] filled or he be able to return to the duties thereof. 

§ 14. All executions and other civil process by said city Executions, 
magisti-ate shall be governed by the rules as are now pro- 
vided by law for judgments and executions of ordinary jus- 
tices of the peace. 

§ 15. Any person who shall destroy or injm-e any bridge Injuries to pub- 
or any pubhc building or any other property belonging to ^° property, 
the city, or shall cause or procure the same to be injured, 
shall be subject to a penalty not exceeding five hundred 
dollars for such ofi'ence, and may be imprisoned not exceed- 



zrji CITIES. 

ing six montlis, in the discretion of the conrt before whom 
snch conviction may be had, and such person may also be 
hable in a civil action at the suit of the city or any person 
injured thereby, for the damages occasioned by such injmy 
or destruction, • 
Disquaiiflca- § 16. JSTo person shall be an incompetent judge, justice, 

^^^' witness or juror, by reason of his being an inhabitant or 

freeliolder of the said city of Litchfield, in any action or pro- 
ceeding in which the said city may be a party or [in] in- 
terest. 

printed laws of .§ IT. All Ordinances of the city, when printed and pub- 

the city. lished by authority of the city council, shall be received in 
all courts and places without further proof, which shall not 
be required until denied under oath. 

style. § 18. The style of all ordinances shall be: ^'Be it or- 

dained hy the City Council of the City of Litchfield P 

§ 19. Any tracts of land adjoining said city, which are 
now or may hereafter be laid out into blocks or lots of five 
(.5) acres or less, and duly platted according to law, and any 
tract of land adjoining the city, with the consent of the 
owner thereof, shall and may be annexed to said city and 
form a part thereof, and the city council shall have power, 
upon petition of the owner of the property, to reduce the 
boundaries of the city not exceeding one half ixdle in any 
direction. 

Prohibition. § 20. ISTeither the mayor nor any member of the city 

council shall, durino;; the period for which he was elected, 
receive any compensation for his services, or be appointed to 
or be competent to hold any ofiice of which the emoluments 
are paid from the city treasury or by fees directed to be 
paid by any act or ordinance of the city council, or be di- 
rectly or indirectly interested in any contract, the expenses 
or consideration whereof are to be paid under any ordinance 
of the city council. 

§ 21. All officers of the city, created conservators of the 
peace by this act, or authorized by any ordinance, shall have 
power to arrest or cause to be arrested, with or without pro- 
cess, all persons who shall break the peace or threaten to 
break the peace or be found Adolating any ordinance of this 
city, commit for examination, and, if necessary, detain such 
persons in custody, or over the Sabbath, in the watchhouse 
or other safe place, or until they can be brought before a 
magistrate ; and shall have and exercise such other powers 
as conservators of the peace as the city council may pre- 
scribe. 

§ 22. InTo lands used for agricultural purposes, exceeding 
twenty (20) acres, within the corporate limits, shall be sub- 
ject to a corporation tax for the ordinary exj^enses of the 
city. 

Digest of ordi- § 23. There shall be a digest of the ordinances of the 
nances. (jity which are of a general nature, published within one 



crriES. 213 

year after tlie passage of this act, and a like digest witkiii 
every period of five years tliereafter. 

§ 24. The fees for pubKshing ordinances, notices and Fees for pub- 
other matter required by this act or any ordinance under it, Wishing, 
shall not exceed sixty cents per folio for the first, or 30 cents 
per foho for eacli subsequent publication. 

§ 25. At least two weeks before the annual election, the Election no- 
city clerk shall publish in the newspaper publishing the or- *^^^^ 
dinances of the city an election notice, which shall state the 
time and place of, and the officers to be elected at, such elec- 
tion ; and the hke notice shall be given of all special elec- 
tions. 

§ 26. This act shall be deemed a pubhc act, and may be PubUc act. 
read in evidence without proof, and judicial notice shall be 
taken thereof in all courts and places, and shall take ej9:ect 
from and after its passage and publication in Litchfield; 
there being sufficient emergency, in the judgment of the 
legislatm'e, to dispense with the lapse of sixty days before 
this act goes into effect. 

§ 2T. The act entitled "An act for the better govern- Act incorpo- 
ment of towns and cities and to amend the charter thereof," ^^^^^ 
approved February 27, 1854, shall be constituted a part of 
this charter of the city of Litchfield, the same as if specially 
recited. 

§ 28. The city magistrate, who shall be elected biennial- Jurisdiction. 
ly and hold his office until the election and qualification of 
his successor, shall have original and exclusive jmisdiction 
in all suits under this charter or any ordinances passed in 
accordance therewith. 

§ 29. Any acts or parts of acts contrary or inconsistent Repeal 
with any of the provisions of this act are hereby repealed. 

Appkoved February 16, 1859. 



AN ACT to amend an act entitled "An act to consolidate the several acts under j^ force Febra- 
which the city of Macomb was incorporated, and to amend^the same," approved ^ry 24 1859 
Feb'y 14, 1857. ^ 

Sectio:n- 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That in case 
the city council of said city of Macomb shall fail or refuse to Refusal to pub- 
publish the statement required to be published by the first lish statement 
section of article tliirteen of said act, as therein provided, for 
thirty days after the same is required to be published by said 
section, then each member of said city council shall forfeit the I 

sum of fifty dollars for such failure or refusal, to be recovered | 

in the name of the people of the state of Illinois, in an ac- 
tion of debt, before any justice of the peace of said county. 



CITIES. 

§ 2. That hereafter said city coiincil shall not have power 
to subscribe to the capital stock of any railroad, or to become 
in any manner interested in any such road, without the con- 
sent of a majority of the legal voters of said city, expressed 
at an election to be held in said city, which election shall 
be conducted in the same manner as is required by the laws 
of this state now in force, authorizing counties, cities and 
towns to subscribe to the capital stock of railroad com- 
panies. 

§ 3. This act to be in force from and after its passage. 

Approved February 24, 1859. 



In force Febru- AN ACT to repeal an act entitled "An act to incorporate the citj of Marshall," 
ary 24, 1859. approved February 15th, 1855. 

Section 1. Be it enacted hy the People of the State of 
nimms, represented in the General Assemhly, That the act 
entitled "An act to incorporate the city of Marshall," ap- 
proved February 15th, 1855, be, and the same is hereby 
repealed, 
of § 2. That the passage of this act shall in nowise inter- 
fere with the collection of the taxes leaded for the year 1858, 
within the limits of said city for city purposes, by the au- 
thorities thereof, nor with the common council of said city, 
nor with any officer thereof, in the disposition and applica- 
tion of the same, as contemplated by the above recited act 

This act to take effect and be in force from and after its 
passage. 

Approved February 24, 1869. 



In force Febru- AN ACT to amend an act entitled "An act to incorporate Metropolis City," ap- 
ary 18, 1859. proved February 25th, 1845. 

Article I. — Of Boundaries and General Powers. 



Section 1. Be it enacted hy the People of the state of 
Illinois, represented in the General Assembly , That the inhab- 
itantants of the town of Metropolis city, in the county of 
Massac and state of Illinois, be, and are hereby constituted 
a body politic and corporate, by the name and style of "The 
City of Metropolis," and by that name shall have perpetual 
succession, and have and use a common seal, which they 
may change and alter at pleasure. 



DITIES. 215 

§ 2. The corporate limits and jurisdiction of tlie city of Limits. 
Metropolis shall extend over, and include within the same, 
all that distiict of country situated in the county of Massac, 
state of Illinois, embraced within the present hmits of the 
town of Metropolis City, and all that district of country laid 
off into blocks and lots or blocks adjoining the recorded 
plat of said town of Metropolis City. 

§ 3. The inhabitants of said city, by the name and style Powers, 
aforesaid, may sue and be sued, implead and be impleaded, 
defend and be defended, in all courts of law and equity, and 
in all actions whatsoever, and shall have power to purchase, 
receive and hold property, real or personal, in said city; to 
purchase, receive and hold property, real or personal, beyond 
the city limits, for burial grounds and other purposes, for 
the use of the inhabitants of said city; to sell, lease and con- 
vey such property, for the benefit of said inhabitants, and to 
improve and protect the same, and to do all other acts 
thereto as natm-al persons. 

§ 4. The present board of trustees of the town of Me- Wards. 
tropoKs City shall, on the first Monday in March next, or 
as soon as practicable thereafter, and prior to the fii'st Mon- 
day in April next, by ordinance, divide the said city of Me- 
tropohs into three wards, as nearly equal in population as 
practicable, and particularly describe the boundaries of each 
ward, by causing to be posted two wiitten copies of such 
ordinance in each ward. 

§ 5. Any tract of land within eighty rods of the limits Additions, 
of said city, laid off into town lots, may be included within 
the hmits of said city, by ordinance. 

Akticle II. — Of City Council. 

§ 1. There shall be elected by the qualified voters of said Council, 
city, a city council, to consist of a mayor and board of 
aldermen. 

§ 2. The board of aldermen shaU consist of two mem- Aldermen, 
bers from each ward, and no person shall be an alderman 
unless at the time of his election he shah be a qualified 
voter, and shall have resided twelve months within the limits 
of the city. 

§ 3. If any aldennan shall remove from the ward for Removal, 
which he was elected, his office shaU thereby be vacated. 

§ 4. The city coimcil shall judge of the qualifications, Quaiificationa. 
elections and returns of their members, and shall determine 
ah contested elections, and shall have power to make rules 
to govern its meetings, and to punish its members for dis- 
orderly conduct. 

§ 5. A majority of the council shall constitute a quorum Quorum, 
to do business, but a smaller number may adjom*n, from day 
to day, and fine absent members for nonattendance. 



216 CITTES. 

JournaL § 6. The coiiiicil sliall keep a joiu'nal of its proceedings, 

and the veas and nays, when demanded by any member 
present, shall be entered npon the jonrnal. 

Oath. § 7. The major and aldermen, before entering upon 

their duties, shall take an oath to support the constitution of 
the United States and of this state, and that they will well 
and promptly perform the duties of their office to the best 
of their ability. 

Vacancy. § 8. All vacancies that may occur in the city council 

shall be filled by election, and whenever there is a tie in the 
election of mayor or aldermen, the judges of election shall 
certify the same to the city council, who shall determine the 
same, by lot. 

Meetings. § 9. The city council shall meet for business on the second 

Saturday in each month, and at such other times as may be 
necessary, upon the call of the mayor or any two members 
of the council. 

Officers. § IC). The city council shaU have power to apj)oint a 

treasurer and a clerk, who shall also be assessor. 

Article III — Oy the Mayoralty. 

Mayor. § 1. The chief executive officer of the city shall be a 

mayor, who shall be elected by the quahfied voters of the 
city, and hold his office for one year, and until his successor 
shall be elected and qualified. 

Duty. § 2. The mayor shall preside at all meetings of the 

council, and shall have a casting vote, and no other; and, in 
case of his nonattendance upon any meeting of the council, 
the board of aldermen shall appoint one of their number 
chaii'man, j!>r(? tern. 

§ 3. The mayor shall, at all times, be active and vigilant 
in enforcing the laws and ordinances for the goverrment of 
the city, and it is hereby expressly made his duty to inspect 
the conduct of all subordinate officers of said city, and to 
give notice of their negligence or violation of duty to the 
council, and at the regular meeting in July, October, January 
and April, to communicate, in writing, to the aldermen such 
information, and recommend aU such measm-es as, in his 
opinion, may tend to the improvement of the finances, the 
pohce, the health, security, comfort and ornament of the city, 
and the city council shall have full power to enact all ordi- 
nances necessary to carry out such recommendation. 

Salary, § 4- The mayor shall receive for his services such salary 

as shall be fixed by an ordinance of the city, and in case of 
his neglect or omission of duty, he shall be removed by the 
board of aldermen, who may hold a special meeting, appoint- 
ing one of their number chairman, ha\^ng notified said 
mayor of such meeting, and try and remove him for such 
neglect or omission. 



CITIES, 217 

Article IY. — Elections, 



ion. 



§ 1. On the lirst Monday in April next, an election sliall Eiecti( 
be held in each ward ot said city for on^ mayor for 'the city, 
and two aldermen for each ward, who shall hold their offices 
until their successors are elected and qualified, and forever 
thereafter, on the first Monday in June of each year, an elec- 
tion shall be held for a mayor for the city, and two aldermen 
for each ward, who shall hold their offices for one year, and 
until their successors are elected and qualified. 

§ 2. • All free white male inhabitants who have been resi- Voters, 
dents of said city for twelve months previous to any election, 
shall be legal voters : Provided^ that said voters shall give 
their votes for mayor and aldermen in the wards in which 
they shall respectively reside, and in no other, and that no 
vote shall be received at any of said elections unless the voter 
offering such vote shall have been an actual resident of the 
ward where the same is offered, at least ten days next pre- 
ceding such election. 

§ 3. The judges of the election to be held on the first judges of eieo- 
Monday in April next, shall be appointed by the trustees of tion. 
the town of Metropolis City, and for all elections thereafter, 
the city council shall appoint three judges at their regular 
meeting in July, or as soon as convenient thereafter, to sit 
at all city elections, and also two clerks of elections, who 
shall be paid out of the city treasury, as may be directed by 
ordinance. 

§ 4. The judges of any oity election within five days Bet-irnE, 
after such election shall deliver the poll books to the maj^or, 
who shall immediately call a meeting of the council, who 
shall examine the poll books and enter the result of the 
election on their journal, and if the persons elected do not 
take the oath of office within ten days after said election, 
required in section seven, article two of this act, their 
office shall be declared vacant, and a new election ordered. 

§ 5. The trustees of Metropolis City shall cause public Notice, 
notice to be given of the election to be held for mayor and 
aldermen, and city judge and marshal, on the first Monday 
in April next, by posting two written notices in the most 
public places of each ward, or by publishing such notice in 
a newspaper printed in Metropolis City, at least ten days 
before such election, and for all city elections thereafter the 
council shall, in like manner, give public notice of such 
election. 

Article V. — City Judge and Marshal. 

§ 1. There shall be elected at the same time, and in the Judge and mai- 
same manner as the city council, a city judge and city mar- ^^^^ 
shal, who shall hold their offices for one year, and until their 
successors are elected and qualified: and the city judge and 
0- 



218 CITIES. 

marshal, elected at tlie election to be held on the first Mon- 
day in April next, shall hold their offices until the first 
Monday in June, 1860, and until their successors are elected 
and qualihed. 

Justice peace. § 2. The city judge is hereby Constituted a justicc of the 
^ peace, and shall be commissioned by the governor and qualify 
as other justices of the peace and shall have jurisdiction with- 
in the city limits in ail actions of debt and assumpsit for 
sums over one hundred dollars, and not exceeding tjiree 
hundred dollars, and in such suits shall receive the same 
fees as the circuit clerk, and in all other suits and for sums 
of one hundred dollars and less he shall have concurrent 
jurisdiction with justices of the peace of Massac county, and 
receive the same fees. He shall have exclusive jurisdiction 
in all suits for the violation of the ordinances of the corpo- 
ration, except in case of his absence or inability to try such suit, 
in which case any justice in said city shall have jurisdiction 
thereof. He shall have power and it is hereby made his 
duty, when any person is lound guilty of violating any ordi- 
nance, to impose upon him such punishment, by hue or im- 
prisonment, as may be lixed- by ordinance and none other, 
and to order him to be held in custody by the marshal until 

Proriso, the line and costs are paid : Promded^ that no person shall 

be fined for violating any ordinance more than fifty dollars 
nor imprisoned more than thirty days. He shall also 
have power to fine and imprison for contempt of his court 
when in session. He shall hold a session of his court for 
the trial of causes on every Monday, and shall keep the same 
open from day to day, if necessary, until all the business be- 
fore him is disposed of, and shall have and keep a docket 
similar to the docket of the circuit court. 

Collector. &c. § 3- The city marshal shall also be collector of the city 
revenue, street commissioner and market master, and shaU 

Proviso. have power to appoint one deputy, in writing ; Providedy 

the city council, whenever they deem it expedient, may ap- 
point some other person to the office of street commissioner 
and market master, He shall promptly arrest all violators 

Violations of ^^' ^^^7 Ordinance, and carry them before the city judge, and 

ordinances, shall have powcr to summoii witnesses, without written sub- 
poena, to appear and give evidence against such violators, 
and upon the failure of such witnesses to attend the city- 
judge shall forthwith issde a writ of attachment against 
them. And the city judge shall proceed to the trial of such 
ofl'enders forthwith, or as soon as the witnesses can be 
brought before him. And if either the city or the offender 
is not ready for trial, the city judge may continue the trial, 
not more than three days, and may admit the oft'ender to 
give bond for his appearance before said judge, at the time 
named therein ; which bond shall be made payable to the 
city of Metropolis and collectable by action of debt before 
the city judge. Any person who is fined for breach of any 



CITIESe 'J Id 

ordinance may replevy the same, by giving security iur the 
payment of such line and costs within three months; and at 
the expiration of three months, if the line and costs be not 
paid, the city judge shall render judgment against the prin- 
cipal and his securities and forthwith issue execution there- 
on, directed to the city marshal. And any person fined for 
violating any ordinance may pay such tine by labor on the 
streets of said city, under the direction of the marshal, in 
such manner as may be determined by ordinance. 

§ 4. All process issued by the city judge shall be direct- Process, 
ed to the city marshal, who shall receive the same fees as 
are allowed to a sheriff, unless changed by ordinance, 

§ 5. The marshal is hereby made a conservator of the Marshal, 
peace, and shall have power to summon anf white male in- 
habitant of said city, over the age of eighteen years, to aid 
him in arresting or securing an offender against the laws of 
this state or any ordinance of said city ; and any person fail- 
ing to assist him, when so summoned, shall be reported by 
said marshal to the city judge and punished in such manner 
as may be provided by ordmance. 

§ 6. He shall receive a salary of two hundred dollars Salary, 
per' annum, besides his fees ; and upon any omission or 
neglect of duty he shall be removed by the city council, who 
shall appoint his successor until the next regular election. 
One hundred dollars of said salary shi 11 be paid out of fines 
assessed and collected in said city, and in no other way. 

§ '7. The city marshal shall act as street commissioner Street commis- 
and market master, and perform such duties as may be pre- ^*°"^^- 
scribed by ordinance. 

Article YI — Of the Legislative Powers of the City Council. 

% 1, The city council shall have power and authority to 'faxes. 
levy and collect taxes upon all property, real and personal, 
within the limits of the city, not exceeding one-half of one 
per cent, per annum upon the assessed value thereof, and 
may enforce the payment of the same in any manner to be 
prescribed by ordinance, not repugnant to the constitution of 
the United States or this state. 

§ 2. The city council shall have power to require of all ^o'^*^*- 
officers, elected in pursuance of this charter, bonds with pe- 
nalty and security for the faithful performance of their re- 
spective duties, as may be deemed expedient, and, also, to 
require all officers appointed, as aforesaid, to take an oath 
for the faithful performance of the duties of their respective 
offices, before entering upon the discharge of the same ; to 
borrow money and pledge the revenue of the city for the 
payment thereof: Provided^ that no sum or sums of money Proviso, 
shall be borrowed at a greater interest than ten per cent, per 
annum. 



220 



CITIES. 



Nisrlit watches. 
Markets. 

Public build- 
ings. 

Public sTounds 



Auctioueers, 



Hacks, &c. 



L'iseases. § 3. To make regulations to prevent the introduction of 

contagious diseases into the city ; to make quarantine laws 
for tlmt purpose and enforce the same within live miles of 
the city. 

Health. § 4- To make regulations to secure the general health ot 

the inhabitants ; to declare what shall be a nuisance, and tC' 
prevent and remove the same. 

Streets. § 5. To Open, alter, abolish, widen, extend, establish, 

grade, pave, or otherwise improve avenues, streets and al- 
leys and other public highways. 

Wards. § 6. To divide the city into wards, alter the boundaries 

thereof, and erect additional wards, as occasion may re- 
quire. 

^ 7. To establish, support and regulate night watches. 
§ 8. To erect market houses, to establish market places, 
and provide for the government and regulation thereof. 

§ 9. To provide for all needful buildings -for the use of 
ihe city. 

§ 10. To provide for the inclosing, improving and regu- 
lating all public grounds belonging to the city. 

§ 11 . To license, tax and regulate auctioneers, trading- 
boats, merchants, retailers, grocers, taverns, hawkers, ped- 
dlers, and brokers. 

§ 12. To license, tax and regulate hackney carriages, 
wagons, carts and drays, and fix the rates to be charged for 
the carriage ol persons, and for the wagonage, cartage and 
di-ayage of property. 

Shows. § 13. To license, tax and regulate theatrical and other 

exhibitions, shows, and amusements. 

Shipping § 11. To hcense, restrain, prohibit and suppress tipplinaj 
houses. houses and dram shops. 

Constables. § 15. To regulate the storage of gun-powder, tar, pitch, 

rosin and other combustible materials. 

T^xss. § 16. To provide, by ordinance, for the manner and 

time of assessing and collecting city taxes, where the same 
may not be fully provided in this charter. 

Inspection. g 1^. To provide for the inspection and weighing of 

hay and stone coal, the measuring of charcoal, fire wood, 
and other fuel to be used or sold in the city. 

V casus. §18. To provide for the taking the enumeration of the 

inhabitants of the city. 

Oificers. § 19. To regulate the election of city officers and to pro- 

vide for the removing from office any person holding an of- 
fice created by ordinance. 

Coupeasation. § 20. To fix the compensation, by fees, commission or 
otherwise, and regulate the fees of jurors, witnesses and 
others for services rendered under this act, or any ordi- 
nance. 

Police. § 21. To regulate the police of the city, to impose fines 

and forfeitures and penalties for the breach of any ordinance, 
and to provide for the recovery and appropriation of such 



« 



I 



CITIES. 221 

fines and forfeitures, nnd the enforcement of sncli penalties. 

§ 22. The city council shall have power to make all ordi- Ordinances, 
nances which shall be necessary and proper for carrying into 
execution the powers specified in this act, so that such ordi- 
nances be not repugnant to nor inconsistent with the consti- 
tution of the United States or this state-. 

§ 23. The style of the ordinance of the city shall be. Style. 
^^Be it ordained by the City of MetrojJolisy 

§ 24. All ordinances passed by the city council shall, PLibiicaton. 
within ian days after they shall have been passed, be pub- 
ashed in some newspaper in the city, or by posting one copy 
of each ordinance in each ward, and shall not be in force, 
except, as aforesaid, until they shall have been published, as 
aforesaid, for five days. 

§ 25. All ordinances may be proven by the seal of the P^oof. 
corporation, or the oath of the city clerk; and when printed 
and published in book or pamphlet form, and purporting to 
be published by authority of the corporation as in force the 
same shall be received in evidence in all courts and places, 
without further proof. 

Article YII. 

§ 1. All real estate and personal property within the Taxation, 
limits of the city of Metropolis shall be subject to taxation, 
by the city council, for the use and benefit of said city. 

§ 2. The assessor shall prepare an assessment roll, with Ass3ssment 
the followii-g caption, in substance: "An assessment roll of 
all the real and personal property within the limits of the 
city of Metropolis, made by the assessor of said city, for 
the year 18 ," and shall set down, in separate columns — 

First.~T\\Q names of all the owners, if known, of 
real estate within the limits of said city. If the owner is 
unknown it shall be so stated^ 

Second. — The description of the real estate, opposite the 
name of the owner, or the word "unknown." 

Third.— Th^ value of the real estate opposite the descrip- 
tion. 

Fourth. — The amount of tax assessed opposite the value. 

Said assessment roll shall also contain, in parallel col- 
umns — 

Fi7'st. — The names of the owners of personal property^ 
subject to taxation, in alphabetical order. 

Second. — The assessed value of the personal property 
taxed to each individual. 

Third. — The amount of tax on each individual's personal 
property. 

§ 3. After the said assessment roll shall have been thus Certificate. 
completed, the assessor shall attach his certificate to said 
roll, certifying that said roll is true and correct, according to 
his best information, and said roll so certified, shall, on or 



222 



CITIES. 



before the second Saturday in July of eacli year, be return^ 
ed to the city council in session, or to the mayor. 

§ 4. Previous to the second Saturday in August of each 
year the said assessment roll may be inspected by any per- 
son interested in the same. At the regular meeting of the 
council, on the second Saturday in August of each year, and 
not afterwards, the said council shall hear the application of 
any person who may consider himself aggrieved by the said 
assessment, and on being satisfied of any error therein, they 
may correct the same. 

Ketuni, § 5. On the return of said assessment roll to the mayor 

or coimcil, the city clerk shall cause to be posted, in tbe most 
public place of each ward, one written or printed notice that 
the assessment has been returned and is ready for inspec 
tion, and, also, of the time when application may be made 
for renewing the same. 

Warrant. § 6. Immediately after the second Saturday in August 

of each year the city clerk shall make out a true copy of the 
assessment, to wdiich, after being satisfied that the same is a 
correct copy, as above, the city council shall annex a war- 
rant, signed by the mayor of said city^ requiring the collec- 
tor to collect, from the several persons, the several amounts 
of taxes and costs set opposite their respective names, and 
pay the same to the treasurer of the city. And the said col- 
lector shall thereupon attend at some place in each ward of 
said city for the purpose of receiving taxes, giving ten days' 
notice of such place and the day on which he will attend for 
the purpose aforesaid, and if any resident of said city shall 

Hon-paym»nt neglect to pay his tax, on the day mentioned in such notice, 
the collector shall proceed to levy the same of the goods 
and chattels of said resident, and after giving ten days' no- 
tice of the time aijd place of sale, by posting up a notice 
thereof in three public places in said city, shall sell as many 
of said goods and chattels as may be necessary to make the 
amount of tax and cost. In cases where the owner is not a 
resident of the city, the collector shall proceed to levy and 
sell, w^ithin ten days after the day fixed in said notice. The 
said warrant shall be returnable on the second Saturday iri 
October after the date thereof, at which time the collector 
shall return said warrant and tax list to the clerk of the city 
council, and jmy over all money, by him collected, to the 
treasurer, and take his receipt for the same. 

Delinquent tax § Y. In the return to Said warrant the coUcctor shall give 
a list of the names of the persons whose tax, upon personal 
property, he has been unable to collect, on account of not 
finding goods and chattels whereon to levy, the value of the 
property assessed, and the amount of the tax thereon, and 
state in said return that he has been so unable to collect the 
taxj and the city council may give him credit for the amount 
of taxes he has thus b^en nnable to collect. 



CITIES. 2i^3 

§ 8. The collector shall also make a list of the real Real estate, 
estate upon which the taxes have not been paid or collected, 
and state to whom each parcel of said real estate was assess- 
edj or that the same was assessed to a person "unknown," 
and describe said real estate, and give the amonnt of taix on- 
each parcel. The collector shall return said list, at the time 
last aforesaid, with a certificate signed and sworn to by him 
-that said taxes remain nnpaid, and that he conld And no 
goods or chattels whereon to levy and collect the same, and 
the city council may credit him with the amount. 

§ 9. The said list shall be evidence of the taxes and costs Evidence. 
due on any real estate in said city ; aiid whenever any per- 
son owning real estate in said city shall fail to pay the same 
on or before the second Saturday in October of any yeai-, 
the city collector shall thereupon proceed to obtain judgment 
against and to sell said real estate for taxes and costs, in 
the same manner as is provided by the revenue law of this 
state for obtaining judgment against and selling delinquent 
lands. 

§ 10. All real estate sold for taxes and assessments as- ^aie and re 
sessed under this charter shall be sold and may be redeemed ^^^™f'^^^°- 
in the same manner and upon the same terms as lands are 
now .sold and redeemed in cases of sale for state and county 
taxes ; and the deed of the city collector for real estate sold 
under this charter shall have the same force and effect as 
deeds made by county collectors of this state for delinquent 
lands sold for state or county tax. 

Akticle YIII — Of Pahlio Improveinents. 

§ 1. The city council shall have power to cause any streets, 
street, alley or wharf in said city to be graded, leveled, 
paved, macadamized or planked, and keep the same in re- 
pair ; to cause side-walks and cross-walks, drains and sewers 
to be constructed, and regulate the same; and to grade, im- 
prove, protect and ornament any public square now or here- 
after laid out in said city, and to levy and collect a tax for the 
purpose of carrying into effect the above powers. 

§ 2„ Every owner of any lot or lots in said city, in front side-waiks. 
of whose premises the city council shall, by ordinance, order 
and direct a side-walk to be constructed or repaired shall 
construct such side-walk at his or her own expense, within 
sixty days after a copy of said ordinance is dehvered to such 
owner : Provided^ such ordinance is not passed in the month '- rovjso. 
of December^ January, February or March, and if such side- 
walk be not constructed or repaired by such owner or own- 
ers, in the manner and within the time required by ordi- 
nance, the city council may cause the same to be construct- 
ed or repaired, and assess the expenses thereof, in an order 
to be entered on their journal, and the said city council is 
hereby authorized and empowered to sue and recover from 



224 CITIES, 

tlie owner or owners of said lot or lots two-tliirds of said ex- 
penses so entered in said order, with twenty per cent, dam- 
ages on said amount ; and said order is liereby made a lien 
on said lot or lots, and shall be evidence of the amount of 
i'roviso. such expenses : Provided^ the said council may at any time, 

by ordinance, fix the amount of such expenses to be paid by 
tlie owner of said lot or lots, at more or less than two-thirds 
of said expenses. 

Aeticle IX. 

Exemption. § 1. The inhabitants of the city of Metropolis are here- 

by exempted from working on any road extending outside 
the city limits ; and the city council shall provide for all re- 
sident paupers. 

Street labor. § 2. The city couucil shall have power, for the purpose 
of keeping the streets, alleys and wharf in repair, to require, 
by ordinance, every able bodied male inhabitant in said city, 
over twenty-one years of age, to work oli said streets, alleys 
and roads, not exceeding five days in each and every year. 

Kefusai to ia= §' 3. Whenever any inhabitant of said city, liable to do 
^^''- road labor, shall violate any ordinance requiring him to per-^ 

form such labor, by failing or refusing to perform the sarae^ 
after due notice, the street commissioner shall report his 
name to the city judge, who shall forthwith issue his war- 
rant, commanding the city marshal to bring such inhabitant 
before the said judge, who shall try him, as in other cases, 
for violating a city ordinance; and, if convicted, he shall be 
fined one dollar iW each day he shall fail to w^ork on said 
streets or alleys or wharf. 

Imprisonmeut. § 4. The city couucil shall have powder to provide for the 
punishment of oftenders^ by fine or imprisonment in the 
county jail, or by both fine and imprisonment. 

stateruent | 5. The city couucil shall cause to be published in a 

newspaper in said city or by posting a written notice in each 
ward, annually, on the first Monday in May, a complete 
statement of all moneys received and expoaded by the cor- 
poration during the preceding year, and on what account 
received and expended ; and said statement shall be certified 
to be correct by the mayor and city clerk. 

Suite. § ^, All suits and prosecutions instituted by the corpo- 

ration hereby created shall be instituted and prosecuted in 
the name of the city of ]\[etropolis ; and all actions com- 
menced by and all fines and forfeitures which have accrued, 
to the president and trustees of Metropolis city shall be vest- 
ed in and prosecuted by the corporation hereby created ; and 
all the rights which have accrued to said president and 
trustees, and all their property, held for the use of the inhabit-- 
ants of Metropolis city, shall be vested in the corporation 
hereby created. 



CITIES, 



225 



§ T. Appeals to tlie circuit court of Massac county shall Appeals, 
be allowed from all jndgmeuts of said city judge, in the 
same manner as from other justices of the peace. 

§ 8. All acts or parts of acts contrary to the provisions ^^P^*^- 
of this act are hereby repealed. 

§ 9. Whenever the city marshal is unable or refuses to ^^°^^^^' 
serve an}- process issued by\he city judge the same may be 
served by the sheriff or any constable of Massac county. 

§ 10. All fines and forfeitures recoverable by indictment ^^^^^' 
or action, for any oifences committed within the limits of 
said city, shall be paid into the city treasury^ for the use of 
the citys 

§ 11. This act is hereby declared to be a pubhc act, to ^"'^''^ ^^' 
be in force from and after its passage, and may be read in 
evidence in all the courts of this state, without proof. 

§ 12. IS^o money shall ever be borrowed by the city Borrowing mc^ 
council unless the ordinance therefor shall first be submitted ^^^' 
and voted for by a majority of the voters voting at an elec- 
tion for that purpose. 

§ 13. The city marshal, or his deputy, shall have power Powers of mar^ 
to arrest or cause to be arrested, with or without process, 
upon view or information, 'all persons who shall break the 
peace or threaten to break the peace or be found violating 
any ordinance of said city, and may hold such persons for 
examination or detain them in the county jail or other safe 
place, for the space of thirty-six hours and until they can be 
brought before the city judge. 

§ 11:. Xo person shall be incompetent to serve as a wit- Disquaiifica; 
ness or juror in any suit when the city of Metropolis is a ^^^^' 
party, by reason of his being an inhabitant of said city ; and 
all ordinances of the president and trustees of Metropolis 
city shallAemain in force till repealed bv the city council. 

§ 15/ The president and trustees of Metropolis city Election, 
shall cause an election to be held in said town, giving ten 
days' mytice thereof, on the second Monday in March next ; 
at wli/ch time all the legal voters residing within the limits 
desc/ibed in the second section of the first article of this act 
shaJi vote for or against adopting, this charter ; pnd if a ma- 
jority of the votes polled at sudli election are in favor of the 
(option of said charter it shall immediately take efifect as 

w; otherwise it shall be of no legal efl:ect. i3ut if a ma- 
"jority of said legal voters shall not adopt said charter, at said 
election, it may be submitted to said voters for adoption, at 
any other time, within twelve months — the said president 
and trustees giving ten days' notice of an election to be 
held for that pui-pose. 

§ 16. The act to which this is an amendment is hereby Repnal; 
repealed, except section fifteen of said act, which section is 
hereby made to apply to this act. 

Approved February 18, 1859, 



226 



CITIES; 



In force April AN ACT to alter and define the limits of the city of Monmouth, i - Warrec 
26, 185'j, county. 

Section 1. Be it enacted hy the People of 'the State of 
Illinois^ represented in the General AssemMy^ That the 
LSmits curtail- limits of the citj of Monmouth, in the county of Warren, 
be and they are so restricted and curtailed, that the same 
shall contain and include only the land described as follows, 
to wit : All of section twenty-nine, the east half of section 
thirty, the northeast quarter of section thirty-one, and the 
north half of section thirty-two, in township eleven north, 
in range two west of the fourth principal meridian, in said 
Warren county, and no more. 

Approved February 16, 1859. 



^° ^S^^^9rf^'^ ^^ ^^^ *^ amend an act entitled "An act to change the name of Emporium 
' ^°'^^' City, in Pulaski county, to that of Mound City, and to incorporate the same. 

Preamble. Whereas Mound City and Emporium City, in the county of 
Pulaski, have, each had a plat of the respective cities duly 
and legally recorded in said county, and said plats lie acb 
jacent to each other, and the citizens of the respective 
places, being desirous that the two cities be merged into 
one, had the same incorporated under the name of Mound 
City by an act of the legislature, approved January 29th, 
1857; and, whereas, the said citizens, being now desirous 
that the same should be reincorporated under the name 
of Mound City, therefore ; 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly , That the cities 
of Emporium and Mound City, in Pulaski county, be, to all 
intents and purposes, oric city, to continue under the name 
of Mound City, and that all business heretofore done in the 
name of ^mporiunl City shall hereafter be recognized and 
legalized as though the same had been done and recorded in 
the name of Mound City, 
li.nits. § 2. Be it further enacted, That all that district of country 

embraced within [the] plat or plan of Mound City, as laid 
off and recorded by Moses M. Pawlings as Mound City, 
and all that district embraced within the plat or plan laid off 
and recorded by the Emporium Eeal Estate and Manufac- 
turing Company, as Emporium, with the strip of land lying 
between said recorded plats and the middle of the main 
channel of the Ohio river, and also all such other lands ad* 
ioining as may hereafter be laid off' into the city and be duly 
and legally recorded, not to exceed ten miles square, shall 
form and be erected into said Mound City. 



CITIES* 227 

§ 3. The inhabitants of said city shall be and they are Name, 
hereby constituted a body politic and corporate, by the name 
and style of Mound City, and by that name and style shall 
have perpetual succession, and may have and use a common 
seal, and alter the same at pleasure. The inhabitants of 
said city, in the name and style aforesaid, may sue and be 
sued, plead and be impleaded, defend and be defended, in Powers, 
all courts of law and equity, and in all actions whatsoever; 
and purchase, receive, hold and improve property, either 
real or personal, within or beyond the corporate limits, for 
burial grounds or other parposes, for the use of the inhabi- 
tants of said city, and the same sell, lease or convey at plea- ' 
sure, and do all other things in relation thereto as natural 
persons.. 

§ 4. The chief executive officers of said city shall con- 
sist of a mayor and board of council, to be elected by the 
qualified voters of said city, and to hold their offices for the 
term of one year or until their successors are elected and 
qualified. 

§ 5. The city council shall have power to divide the city Wards, 
into wards, and to alter said wards when they deem the 
same expedient, and to apportion to each one or more coun- 
cilmen, according to the number of white inhabitants therein, 
but until the city is so divided, the board shall consist of six 
members and the mr.yor. 

§ 6. The first regular election under this act shall be held Eiectic 
on the Saturday after the first Thursday in June, A. D., 
1S59, and on the same day of the same month every year 
thereafter; and until the first regular election Moses B; 
Harrell is hereby constituted mayor, and Alexander Fraser, 
George Merts, Hartzell Hainer, WilHam Dougherty, ]S", R. 
Casey and J. C. Place, councilmen. 

§ 7. All elections held under this act shall be conducted ^lant-er 
ill the same manner, except as to qualifications of voters 
and manner of making returns, as general or state elections 
are conducted^ ten days' notice thereof being given by post- 
ing at least three printed or written notices in as many pub- 
lic places in said city. Instead of the returns being made 
as in general elections, one of the clerks or judges of the 
election, within forty-eight hours after closing the polls, shall 
make return thereof to the city clerk, who shall lay the same 
before the council at its first session thereafter. 

§ 8. The manner of conducting and voting at elections 
held under this act, and of contesting the same, the keeping 
of the poll lists, canvassing the polls and certifying the re- 
turns, shall be, nearly as may be, as is now provided by law 
for the government of general elections: Provided^ the city 
council shall have power to regulate elections and appoint 
judges thereof, who shall have the power to elect their own 
clerks. The voting shall be by ballot^ and the judges of the 
election shall take the same oathj and shall have the same 



228 



CITIES* 



Sligibility. 



Taxes. 



Debts and 
penses. 

Diseases 



Paupers. 



Health 



Water. 



Streets. 



tJridges. 



powers artd anthority as judges of general elections. Tlic 
city council shall judge of the election and qualifications of 
city officers. 

§ 9. All white male residents of said city over the age 
of twenty-one years, who are native horn or naturalized and 
are not disfranchised by law, who shall have resided within 
the corporate limits for the term of three months immedi- 
ately preceding the election, shall be deemed legal voters ; 
and every person offering to vote, if so required, shall be 
sworn and qnestioned as to his qnalifications. 

§ 10. Should the city be laid ofi" into wards, each voter 
shall then vote in that ward where he actually resides, and 
in no other, and all cases of illegal voting at any election 
authorized by this act or any ordinance of the council may 
be punished according to the laws of the state. 

§ 11. 1^0 person shall be eligible to hold the office of 
mayor or councilman unless he shall have attained the age 
of twenty-five years, is a free white male citizen, and shall 
have resided within the city for twelve months immediately^ 
preceding the election. 

§ 12. The city council shall have power — 

I^'irst. — To levy and collect taxes upon all property, both 
real and personal, within the city, which is made taxable by 
law for state purposes, but not at a rate to exceed one-half 
of one per centum per annum, upon the assessed value 
thereof. 

Seoonct — To appropriate money and provide for the pay- 
ment of the debts and expenses of the city. 

Third. — To make regulations to prevent the introduction 
of contagious diseases into the city; to pass quarantine laws 
for that purpose, and to enforce the same within five miles 
of the city. 

Fourth. — To provide for paupers and poor persons. 

Fifth — To establish hospitals and make regulations for the 
government thereof. 

Sixth: — To make regulations to preserve the general 
health ; to declare what shall be nuisances, and to remove or 
abate the same. 

Seventh.- — To [provide the city with water, to erect and 
keep in repair reservoirs, wells, hydrants, fire plugs and 
pumps in -the streets, Avithin or beyond the corporation, for 
the convenience of the inhabitants thereof, and for the ex- 
tinguishment of fires. 

■j£ighth. — To open, establish, alter, grade, pave, plank or 
otherwise improve or change streets, avenues, lanes and 
alleys. 

Ninth. — To establish, erect, change and keep in repair* 
bridges, culverts, sewers, sidewalks and crossways, and to 
regulate the use and construction of the same, and to pass 
ordinances for their protection. 



CITIES. 229 

Tenth. — To provide for lighting the streets and erecting Light, 
lamps thereon. 

Eleverdli. — To establish, suj^port and regulate night watch Night watches. 
and patrols. 

Twelfth. — To erect market houses, establish markets and Markets, 
market places, and to provide for the government thereof. 

Thirteenth. — To provide for the erection, change and im- Buildings, 
provement ot all needful city buildings. 

Fourteenth. — To provide for inclosing and improving and pubiic grounds 
regulating public grounds belonging to the city. 

Fifteenth. — To improve and preserve the navigation of the Navigation. 
Ohio river within the city. 

Sixteenth. — To erect, construct, regulate, repair and con- wharyes. 
trol all public wharves and docks within the city, and to fix 
the rate and to provide for the collection of wharfage or rent 
therefrom. 

Seventeenth. — To regulate the stationing, anchoring or ^joorino- 
mooring of all kinds of water craft within tJie city. 

Eighteenth. — To license, tax and regulate auctioneers, gro- Auctioneers 
cers, merchants, retailers, taverns, and to license, regulate, &c. 
tax or suppress ordinaries, hawkers, peddlers, brokers, pawn- 
brokers and money changers. 

Wmeteenth. — To license, tax and regulate porters and fix Porters, 
the rate of porterage. 

Twentieth. — To license, tax and regulate hackney carriages. Hacks, &c. 
omnibuses, wagons, carts and drays, and fix the rate of 
charges for carriage of persons or property. 

Twenty first. — To license, tax, regulate or restrain, pro- Gaming 
hibit or suppress billiard tables, ten-pin alleys, tippling 
houses and dram shops, and to suppress gambling houses, 
bawdy houses, houses of assignation and iU-fame. 

Twenty-second. — To provide for the prevention and extin- Fires, 
guishment of fires, and to organize and establish fire compa- 
nies ; to regulate or prevent the erection of manufactories 
dangerous in causing fires ; appoint fire wardens and pro- 
perty guards, with power to remove and keep away from the 
vicinity of any fire all idle or suspicious persons, and to com- 
pel any person or persons present to aid in extinguishing 
fii-es, or in the preservation of property exposed to the dan- 
ger of the same, and to prevent goods from being purloined 
thereat, and with such other powers and duties as may be 
prescribed by ordinance. 

Ticenty-tliird. — To regulate the storage of gunpowder, tar, combustibles, 
pitch and all other combustible materials. 

Twenty fourth. — To establish the standard weights and Weights and 
measm-es, and to regulate the weights and measm-es to be measures, 
used in the city, not otherwise provided by law. 

Twentyffth. — To provide for the inspection and measui*- inspection, 
ing of lumber and other building materials. 



230 



CITIES. 



Bread. 



Brick. 



Census. 



Officei 



Compensation. 



Police. 



Perries. 



Obstructions. 



Riots. 



Propertj. 



Twenty-sixth. — To |)rovide for tlie inspection and weigliing 
hav and stone coal, the measuring of charcoal, firewood and 
all'other fuel used in the city. 

Twenty-seventh. — To provide for and regulate the inspec- 
tion of tobacco, cotton, beef, pork, flour, meal, oils, whisky 
and other spirituous liquors in barrels, hogsheads and other 
vessels; to regulate the inspection of butter, lard and other 
provisions; to regulate the renting [vendingj of meat, poul- 
try and vegetables; to restrain and punish the forestalling of 
poultry, butter, eggs and fruit, and to suppress hucksters. 

Twenty-eighth. — To regulate the weight, quahty and price 
of bread to be sold in the city. 

Ticenty-nintK — To regulate the size of bricks made or used 
in the city. 

ThiTtieth. — -To provide for the taking of enumerations of 
the inhabitants of the city. , 

Thirtij-jirst. — To regulate the election of all elective city 
officers in the city, and to remove from office one or more of 
their own members, by a concurrence of two-thirds of the 
members, or any person holding an office created by this 
act, or by ordinance. 

Thirty -second. — To appoint all officers and agents (and pre- 
scribe their powers and duties) necessary for the efficient ad- 
ministration of the city government, not herein provided 
for. 

Thirty-third. — To fix the compensation of all city officers 
and to provide for the payment of the same, to regulate their 
duties, 23owers and obligations, and to regulate the fees of 
jurors, witnesses and others, for services rendered under 
this act, or under any ordinance. 

Thirty-fourth. — To regulate the police of the city; to im- 
pose fines, forfeitures and penalties for the breach of any 
ordinance, and to provide for the recovery of such fines and, 
the enforcement of such penalties. 

Thirty-fifth. — To regulate and license ferries within the 
city limits, and to fix the rate of ferriage. 

Thirty-sixth.-^To remove obstructions from the sidewalks 
and streets, avenues and alleys of the city, and to provide 
for the construction and repair of all sidewalks and curb- 
stones, and for the cleaning of gutters at the expense of 
the owners of the ground fronting thereon, or by any other 
legal method. 

Thirty-seventh. — To prevent and restrain any riot, noise, 
open indecencies, disturbance or disorderly assemblies in 
any house, street or place in the city. 

Thirty-eighth. — To prevent and remove all encroachments 
upon all streets, lanes, avenues, alleys and public grounds. 

Thirty-ninth. — To exercise complete and perfect control 
over aU property belonging to the city, real or personal, 
either within or beyond the city limits, and the same to im- 
prove, lease, sell or dispose of, and generally to make, pass, 



CITIES, 231 

award, [amend], publish and repeal siicli rules, regulations 
and ordinances as shall be deemed advisable for the main- 
tenance of the j)eace and good government of the city and 
for the trade, commerce and manufactures thereof, not re- 
pugnant to the laws and constitution of the state, and to en- 
force the observance of all such rules, regulations and ordi- 
nances, and to punish violations thereof by fines, penalties 
a,nd imprisonment; and any person against whom a fine ot- 
penalty shall be assessed who shall iaij, neglect or refuse to 
pay the same, may be imprisoned in the calaboose or be re- 
quired to labor on the streets or other public works of the 
city, for such time and in such manner as may be prescribed 
by ordinancOo 

Fortieth.— To direct, control or prevent the laying and Railroad tracks 
construction of railroad tracks, bridges, turnouts or switches 
in the streets, avenues or alleys of the city, wherever the 
exercise of such powers does not conflict with the special 
reservations of rights now made and recorded with the plats 
of said city; to require and compel railroad companies to 
keep in repair the streets through which their tracks may 
run, and to provide and maintain suitable crossings and such 
ditches, sewers and culverts as may [be] deemed necessary; 
to direct and regulate the speed of railroad trains within the 
limits of the city, and to prohibit and restrain railroad com- 
panies from doing a storage or warehouse business, for hire 
or pay, and from selling goods, wares and merchandise upon 
their grounds or depot premises, and from acting as forward- 
ing agents for compensation. 

Forty -first. — To prevent the bringing and burial of dead Burial 
bodies within the city. 

Forty-second. — To regulate or prevent and prohibit the Firearms, 
use of fireworks or the discharge of firearms within the city, 
except in the defence of persons or propertj^, or at a proper 
public assembly or celebration, or by any mihtary company 
or organization. 

Forty-third. — To regulate, restrain or prohibit the running stock, 
at large of horses, cattle, swine, sheep, goats and geese, and 
to authorize the distraining, impounding and sale of the 
same for the costs of the proceedings and the penalties in- 
curred, and to impose penalties upon the ow^ners thereof for 
a violation of any ordinance in relation thereto. 

Forty-fourth. — To regulate or prohibit the running at Dogs, 
large of dogs, and to authorize their destruction when at 
large contrary to ordinance, and to impose penalties upon 
the owners, keepers or harborers thereof. 

Forty-fifth. — To create, establish and regulate the pohce Police, 
of the city; to appoint watchmen and policemen, and to 
prescribe their duties and liabilities. 

Forty-sixth. — The council shall have exclusive power License, 
within the city to license, regulate or suppress groceries, 
bars, tippling houses and beer shops, and all places where 



j32 



CITIES. 



Beggars. 
Nuisance 



Destitute 
dren. 



O p e n i n 
streets. 



Proviso. 



Street tax. 



Appropria- 

tious. 



spirituous or tormented liquors are sold, and all sums of 
mouej which shall be received for such licenses shall be 
paid into the city treasury for the use of the city. 

Forty-seventh. — To restrain and punish vagrants, mendi- 
cants, street beggars and prostitutes. 

Fortu-tighth. — To compel the owner or occupier of anv 
grocery, cellar, soap or tallow chandler, blacksmithery, tan- 
nery, stable, slaughtering house, establishment for rendering 
or steaming lard, tallow^ offal, or any other substance, pack- 
ing houses, breweries, distilleries, privies or other places or 
establishments where nauseous, otfensive or unwholesome 
business may be carried on, to cleanse, remove or abate the 
same, and to direct their location, regulate their construc- 
tion or to abate or prohibit them within the limits of the 
city altogether. 
chii- jFbrt(/-)unt/i. — To authorize and direct the taking up and 
providing for the safe keeping and education of such chiK 
dren as are destitute of parentd care or direction, and as 
are found wandering about the streets, growing up in men- 
dicancy, ignorance, idleness and vice, and committing mis- 
chief and depredations. 
0, jFiftiet/i. — The city council shall have power to open, 
widen, change, alter, lay out and construct public grounds, 
streets and alleys, and to abate or discontinue the same; but- 
no private property shall be taken for such purp^*o without 
the consent of the owners, in writing expressed, or without 
making a full compensation therefor, having regard to the 
benetit, if any, arising from such change ; the amount of 
wliich compensation, in case of disagreement between the 
city and parties interested, shall be determined by three ap- 
praisers, one selected by the city council, one by the party 
claiming damages, and the third by the two thus selected : 
Provided^ that appeal from the decision of such appraisers 
may be taken, by any i:>arty interested, to the cu-cuit court 
of Pulaski county. 

Fiftij-jirst. — The city council shall have power, by ordi- 
nance, to levy and collect a special tax on the owners or 
holdei-s of any lots, on any street, avenue or alley, or part 
thereof, according to the respective fronts owned or held by 
them, for the purpose of providing or repauing such streets, 
side-walks ur gutters, drains or curbing. 

Fifty-second. — The city council shall have power to aj)pro- 
priate money for the opening of roads and highways and 
the construction of bridges and cidverts for the benetit of 
the city, beyond, as well as within the limits of the city ; 
and shall have power to borrow money upon the credit of 
the city : Provided^ that no such loans sludl be made at a 
greater rate of interest than six per cent, per annum ; imd 
Provided further^ that in no case shall the aggregate of in- 
terest upon loans so made exceed, per annum, one-half of 



CITIES. 233 



the taxes assessed upon real property witliin the corporation, 
for the same time. 

§ 13. The city council shall have the power, subject to Ordinances. 
the restrictions in the preceding section, to make all ordi- 
nances necessary to carry into eft'ect the powers specified in 
the preceding section and all other powers vested Iw this 
act in the cm-poration, the city government or any depart- 
ment thereof. 

§ 14. Every ordinance passed by the city conncil shall. Veto. 
before it becomes a laAv, be presented to the mayor for his 
approval. If he a^^prove he shall sign it ; if not lie shall re- 
turn it at the next regular meeting, 'with his objections, to 
the board, which objections shall be entered upon the jour- 
nal, and the bill reconsidered. If, after such reconsidera- 
tion, a majority of all the members elected to the board shall 
agree to pass the same, it shall become a law. 

§ 15. In all cases, when recpiired, the vote shall be taken Yeas and nays. 
by yeas and nays and entered on the journal of the board. 

§ 16. All ordinances passed by the council shall be pub- Publication. 
lished before going into effect, either by posting three writ- 
ten copies thereof in three conspicuous places" in the city, 
or by publishing the same once in some newspaper printed 
and circulated in the city. 

§ 17. The style of ordinances of the city shall be, ''Be it Style. 
enacted hij the Coinicil of Mound CityP 

§ 18. All ordinances of the city shall be j^roven by the 
seal of the corporation, and, when printed and published, 
the same shall be received as evidence in all courts, without 
further proof 

§ 19. The mayor of the city is hereby vested with pow- Powers of 
erto take acknowledgments of deeds and other instruments ^''^''^' 
of writing, take depositions and administer oaths necessary 
in so doing, and to certify the same, under the seal of the 
city, and, when so certified, the same shall be taken in evi- 
dence in any court, without further proof; and he shall further 
have power to administer oaths to officers of the city or to 
witnesses in any investigation before the council. 

§ '20. A majority of the council shall constitute a quo- 
rum to do business, but a smaller number may adjourn from 
day to day and compel the attendance of absent' members, 
pider such penalties as may be fixed by ordinance. 
j § 21. The council shall have the power to determine its Rules, 
own rules of proceeding, punish its members for disorderly 
conduct, and with the concurrence of two-thirds of the mem- 
bers, expel a member ; but if such member be re-elected he 
all not be expelled a second time for the same ofience. 

22. The city council shall keep a journal of its pro- Jonmai. 

x^ - - Jgs, and may, at its discretion, publish the same in that 

newspaper in the city having the largest circulation therein. 

§ 23. All vancancies occurring in the comicil, or the of- 

ace of mayor, city clerk, marshal, treasurer, collector, as- 



234 



CITIES. 



sessor or city engineer, shall be filled by an election to be or- 
dered by the council. 

Oath. § 24. The mayor and each member of the council, be- 

fore entering upon the discharge of their duties, shall take 
an oath that they will each support the constitution of the 
United States and of this state, and that they will well and 
truly perform their duties to the best of their skill and 
abilities. 

Tie. § 25. "Whenever there shall be a tie in the vote of candi- 

dates for councilmen, the same shall be certified to the mayor, 
who shall, in the presence of the council, determine the same 
by lot ; and in case of a tie between candidates for mayor, 
the coimcil shall select one of their own number, who shall 
decide said tie in a similar manner. 

Duties of § 26. The mayor shall preside over the meetings of the 

major. > council, and shall see that the laws of the state and the ordi- 
nances of the city are respected and enforced, and that the 
other ofiicers of the city discharge their respective duties. 
He shall, from time to time^ give the council information 
in respect to the state of the city, and shall recommend for 
their consideration such measures as he shall deem required 
by public necessities or for the public good. He shall re- 
ceive such salary as shall be fixed by ordinance. 

§ 27. The city clerk, marshal, assessor, collector, trea- 
sur and engineer shall be elected at the same time and for 
the same term as mayor and councilmen, by the legal voters 
of the city, and shall be subject to removal by the council 
at any time for incompetency, malfeasance^ or other justifia- 
ble cause. 

§ 28. In case of the nonattendance of the mayor at any 
meeting of the council the members shall have the right to 
choose one of their own members to preside as chairman 
^TO tern. 

§ 29. The mayor shall have power, when he may deem 
it necessary, to require of any ofiicer of the city an exhibit 
of his books and papers. 

§ 30. All officers of the city created conservators of the 
peace by this act, or by any ordinance of the council, shall 
have power to arrest or cause to be arrested, with or without 
process, all persons who shall break the peace or be found 
violating any ordinance of the city, and to take such persons 
before a competent court for examination, or detain such 
persons in the calaboose over night or until they can be 
brought before a magistrate; and shall have and exercise 
such other powers as the city council may prescribe, not re- i 
pugnant to the constitution and laws of the state. ^ 

Fines. § 31. For the recovery of all fines imposed under ordi- 

nances of the city, or upon any judgment in favor of the 
city, execution may issue immediately upon the rendition of 
judgment. If the defendant in any action of a criminal 
nature have no property whereof the judgment may be col- 



Exhibit. 



Public peace. 



CITIES. 235 

i.ected, he may be confined witliin the city jail, or compelled 
to labor on the streets or public works of the city, at the rate 
of one dollar per day, until the amount of the judgment and 
costs is j^aid. 

§ 32. The council shall have the power to declare the Practice, 
practice and rule of proceedings before the police magistrate 
in all cases arising under this act or the ordinances of the 
city, subject to the general laws now in force or that may 
hereafter take efi'ect. 

§ 33. The city council shall hold stated meetings, but Meetings. 
the mayor or any two councilmen may call special meetings 
by gi^^ing notice to the other members. "Without the unan- 
imous consent of the board no business shall be considered 
at such special meetings other than that mentioned in the 
notice. 

§ 31. The city council shall have power, by ordinance. Assessment 
to prescribe the form of assessment rolls, and to define the ™^^^' 
powers of assessors, and to make such rules and give such 
directions in relation to revising, altering or adding to the 
rolls, as they may deem proper and expedient. 

§ 35. The council shall have power and authority to levy Taxes, 
and collect taxes upon all property, real and personal, with- 
in the city limits, not exceeding one-half of one per centum 
upon the assessed value thereof, to defray the contingent 
and other expenses of the city, which taxes shall constitute 
the general fund. 

§ 36. On the return of the assessment lists, the time for Objections, 
which shall be fijxed by ordinance, the city council shall fix 
a day for hearing objections thereto, notice of which shall 
be given by the city clerk, when any person feeling aggrieved 
may lodge his complaint. The city council shall have pow- 
er to equalize the assessment, to correct and revise the same. Equalization. 
to supply omissions, or to refer them back to the assessor 
with instructions. 

§ 37. When the assessment rolls have been corrected ^^^• 
and revised and an order of confirmation passed, the coun- 
cil may proceed to levy such a per cent., not exceeding one- 
half of one per centum, as they may deem necessary to meet 
the several purposes for which such taxes are intended. 

§ 38. Ail taxes levied by the council, either general or Lien. 
special, in pursuance of this act, shall operate as a lien upon 
the real estate upon which the same may be imposed for 
two years from and after the corrected assessment lists were 
confirmed or the passage of the order for assessment ; and on 
personal estate from and after the delivery of the warrant for 
the collection thereof until paid, and no sale or transfer shall 
afi'ect the lien. Any personal property belonging to the 
debtor may be taken and sold for the payment of taxes upon 
either real or personal estate ; and the real estate shall be 
liable for taxes on personal estate in case of removal or 
when the tax cannot be made out of the personal estate, in 



236 



CITIES. 



Proviso. 



Warraut. 



Collection. 



tlie same manner as prescribed by tlie laws of tlie state : 
Provided^ that in case the collection of any assessment shall 
be delayed by judicial proceedings, the same shall continue 
a lien upomreal estate, unless set aside, for the period of two 
years from and after the disposition of such injunction or 
other judicial proceeding. 

§ 3'9. The city clerk shall issue a warrant for taxes, and 
rule therein separate columns, in which the tax levied shall 
be respectively set down opposite the name of the person or 
estate subject thereto. Each column shall be headed with 
the name of the tax therein set down. 

§ 4:0. Warrants issued for the collection of the taxes shall 
contain a true copy of the corrected assessment lists, and 
be certified under the corporate seal and signed by the 
clerk. They shall be delivered to the collector for collection 
within such time after the filing of the corrected assessment 
lists as the council may direct. Unless otherwise paid, the 
collector shall have power to collect said taxes, with interest 
and costs, by suit, in the corporate name, or by distress and sale 
of personal property, as aforesaid, after a demand for and 
refusal to pay the same, by giving due notice. The asses- 
sor's list shall, in all cases, be evidence on the part of the 
cit}^ corporation. 

I 41. All taxes and assessments may be collected by the 
assessor in the same manner and with the same power as is 
given by law to collectors of the state and county taxes. He 
shall pay the same, as fast as collected, into the city treasury; 
and his duty in regard to returning warrants and settling 
with the city, and his liabilities, in case of default or miscon- 
duct, shall be the same as prescribed by law in case of 
county collector : Provided, that the council shall have pow- 
er to prescribe the powers, duties and liabilities of the city 
collector, by ordinance. 

§ 42. In case of the nonpayment of any taxes or assess- 
ments under this act the premises may be sold for the pay- 
ment thereof at any time within two years after the confir- 
mation of the assessment by the council. Before any such 
general sale an order shall be made by the city council, which 
shall be entered at large by the city clerk in the records, di- 
recting the collector to sell, particularly describing the delin- 
quent premises for which the sale is to be made; a certified copy 
of which order, under the corporate seal and signed by the 
clerk, shall be delivered to the collector, which, together 
with the warrant, shall constitute the process upon which 
sale may be made. 
Advertisement § 43. The Collector shall^then advertise such premises, 
under the direction of the council, for sale, by publishing 
the list thereof one time in the corporation j)aper having the 
largest cu'culation, or by posting, conspicuously, three writ- 
ten copies thereof within the city, at least thirty days be- 



Proviso. 



Xonpaymeut, 



CITIES. 237 

fore the day of sale, naming therein the time and place of 
sale. 

§ 4:4:. The sale shall be made for the smallest portion of Sale. 
ground (taken from the west or westerly side of the pre- 
mises) for which any person will pay the taxes, penalties 
and costs. Duplicate certificates of sale shall be made by 
the collector, one of which shall be delivered to the purchaser, 
the other filed in the office of the city clerk, which certifi- 
cate shall contain the name of the purchaser, a description 
of the premises sold to him, with the amount of taxes, in- 
terest and costs for which the same were sold, and the time 
when the right to redeem will expire. The collector shall 
be allowed, for his services, such fees as may be determined 
by ordinance. The clerk shall keep a record of such sales, 
which shall, at all reasonable times, be open to public in- 
spection. 

§ 4:5. The right of redemption, in all cases of sales for Redemption. 
taxes or assessments, shall exist to the owners or their heirs 
or assigns to the same extent as allowed by law, on the pay- 
ment of double the amount, in specie, for which the same 
was sold, and all taxes accruing subsequent to the sale, with 
interest. If the real estate of any infant, fe77ie covert or 
lunatic be sold under this act, the same may be redeemed at 
any time within one year after such disability be removed. 
In case of redemption, the money may be paid to the pur- 
chaser, or, for him, to the city clerk, who shall make a spe- 
cial deposit thereof with the treasurer, taking his receipt for 
the same. If not redeemed according to law, the city coun- 
cil shall, upon the return of the certificate, or satisfactory 
proof of its loss, direct a deed to be issued to the purchaser 
or his proper representative, under the corporate seal, and 
signed by the mayor and countersigned by the clerk, con- 
veying to such purchaser or representative the premises so 
sold and unredeemed. And abstract of all deeds so made 
and delivered shall be kept by the city clerk, in a book 
wherein tax sales are recorded. 

§ tt6. If at any sale of real or personal estate for taxes 
levied, under this act, no bid shall be made, the same shaU 
be struck off" to the city, and thereupon the city shall be 
vested with the same rights as other pm-chasers. 

§ 47. All deeds made to the purchasers of real estate for Deeds, 
taxes or assessments, by order of the council, shall he prima 
facie evidence in controversies and suits in relation to the 
rights of the purchasers, their heirs or assigns, to the premi- 
ses conveyed, of the following facts: first, that the land 
conveyed was subject to taxation or assessment at the time 
the same was advertised for sale, and had been listed and 
assessed in the time and manner required by law; second, 
that the taxes or assessments were not paid at any time 
before the sale ; thii-d, that the lands conveyed had not been 
redeemed from sale at the date of the deed; and shaU be 



!38 



CITIES. 



Exemption 



Statement. 



Appeals. 



Public act. 



Disqualifica- 
tieu. 



Ilepeal, 



conclusive evidence of tlie following facts: 1st, that the land 
■was advertised for sale in the manner required by law; 
2nd, that the land was sold for taxes and assessments, as 
stated in the deed; 3rd, that the grantee in the deed was 
the purchaser; 4:th, that the sale was conducted in the 
manner prescribed by law ; and in all controversies involving 
the title to land claimed and held under and by virtue of 
such deed, the person or persons claiming the adverse title 
to the title conveyed by such deed, shall be required to 
prove, in order to defend the said title, either that the land 
was not subject to taxation at the date of the sale, that the 
taxes or assessments had been paid, that the land had never 
been listed or assessed for taxation or assessment, or that 
the same had been redeemed according to the provisions of 
this act, and that such redemption was made for the use and 
benefit of the persons ha^ang the right of redemjDtion under 
the laws of the state; but no 23erson shall be permitted to 
question the title acquired by the said deed, without first 
showing that he or she, or the person under whom he or 
she claim title, had title to the land at the time of the sale, 
or that the title was obtained from the United States or this 
state after the sale ; and that all taxes due upon the land by 
such person or the person under whom he or she claims 
title, as aforesaid, had been paid. 

§ 48. The inhabitants of the city limits are hereby 
exempted from working on any road beyond the city limits, 
and from the payment of money to secure such labor. 

§ 49. The city council shall cause to be published an 
annual exhibit of the receipt>s and expenditures for the year 
preceding, and on what account received and expended. 

§ 50. All suits, actions and prosecutions instituted or 
brought by the corporation, shall be instituted or brought in 
the name of "The Mayor and Council of Mound City." 

§ 51. Appeals shall be allowed from the decisions in all 
cases arising under the provisions of this act, or under any 
ordinance passed in pursuance thereof, to the circuit court 
of Pulaski county, and every such appeal shall be taken 
and granted in the same manner and with like efiect as 
appeals are taken from justices of the j)eace to the circuit 
court under the laws of the state. 

§ 52. This act is hereby declared to be a public act, and 
ma}^ be read in evidence in all cases of law and equity in 
this state without proof 

§ 53. ^o person shall be an incompetent judge, justice, 
witness or juror, by reason of his being an inhabitant or 
freeholder in the city in any action or proceeding in which 
said city may be a party in interest. 

§ 54. An act entitled "An act to change the name of 
Emporium to that of Mound City, and to incorporate the 
same," approved January 29, 1857, and all other acts or 



CITIES. 



239 



parts of acts inconsistent witli tKis charter, are, so far as 
tliey conflict witli the same, hereby repealed. 

§ 55. This act to be Uberally construed for the city, and 
to be in force from and after its passage. 

Appeoyed February 2i, 1859. 



1 

\ 



AN ACT to incorporate the city of 'Sew Boston. In force Feb'y 

21, 1859. 

Section 1. Be it enacted ly the Peojjle of the State of 
Illinois^ reiwesented in the General Assembly^ That the in- 
habitants of the town of ]^ew Boston, in Mercer county and 
state of Illinois, be and they are hereby constituted a body 
politic and corporate, by the name and style of the City of Name. 
New Boston, and by that name and style shall have per- 
petual succession, and may have and use a common seal, 
which they may change and alter at pleasure. 

§ 2. All that district of country embraced within the Limitg. 
following boundaries, to-wit : Beginning in the main chan- 
nel of the Mississippi river, due west from the southeast 
corner of the southwest quarter of section thirty-two in 
township fourteen north, range five west, in Mercer county, 
Illinois ; thence up said river, along the middle of said 
channel, to a point due west of the northeast corner of the 
southeast quarter of section thirty, in township fourteen 
north, of range five west ; thence running east to the north- 
east corner of the southwest quarter of section twenty-nine, 
in said township; thence mnning south to the southeast 
corner of the southwest quarter of section thirty-two; 
thence to the place of beginning, meaning to include the 
southeast quarter of section thirty, and the southwest cjuar- 
ter of section twenty-nine, and the northwest quarter of 
section thirty-two, aud the southwest fractional [quarter] of 
section thirty-two ; also all of fractional section thirty-one ; 
all in township fourteen north, range five west, in said Mer- 
cer county, shall constitute the said city of l^ew Boston. 

§ 3. Whenever any tract of land adjoining the city of Additions. 
New Boston shaU be laid off into town lots, the same shall 
be recorded as now required by law, and shah be annexed 
to and form a part of said city of New Boston. 

§ 4. The city council may at any time hereafter divide Wards, 
the said city of New Boston into two or more wards, and 
may increase the number of wards as the best interest of 
said city requires : Provided, there shall be but two alder- 
men elected until the city is di^dded into wards. 

General Povjers. 

% 5. The inhabitants of said city, by the name and style Wards. 
aforesaid, shall have power to sue and be sued, to plead and 



2i0 



CITIES. 



be impleaded, defend and be defended in all courts of law 
or equity, and in all actions whatever ; k) purchase, receive 
and hold property, both real and personal, in said city ; to 
purchase, receive and hold property, both real and personal, 
beyond the limits of said city, for burial grounds or for other 
public purposes, for the use of the inhabitants of said city ; 
to sell, lease, convey or dispose of property, real and per- 
sonal, for the benelit of the city, and to improve and pro- 
tect the same, and to do all other things in relation thereto 
as natural persons. 

Article II — Of the City Council. * 

Council. § 1- There shall be a city council, to consist of a mayor 

and board of aldermen. 

Aldermen. § 2. The board of aldermen shall consist of two mem- 

bers from each ward, to be chosen by the qualified voters 
thereof for two years. 

Eligibility. § 3. ISTo person shall be an alderman unless, at the time 

of his election, he shall have resided at least six months 
within the limits of the city, and shall be, at the time of his 
election, twenty-one years of age and a citizen of the United 
States. 

Removal. § 4:. If any alderman shall, after his election, remove 

from the ward for which he is elected, his ofiice shaU there- 
by become vacated. 

Classes. § 5. At the first meeting of the city council, the alder- 

men shall be divided, by lot, into two classes ; the seats of 
those of the first class shall be vacated at the exj^iration of 
the first year, and of the second class at the expiration of 
the second year, so that half of the board shall be elected 
annually. 

Qualifications. § 6. The city council shall judge of the qualifications, 
elections and retm-ns of their members, and shall determine 
all contested elections. 

Quorum. § 7. A majority of the city council shall constitute a 

quorum to do business, but a smaller number may adjourn 
from day to day, and compel the attendance of absent mem- 
bers under such penalties as may be prescribed by ordi- 
nance. 

Rules. § 8. The city council shall have power to determine the 

rule of its procedings, punish its members for disorderly 
conduct, and, with the concurrence of two-thirds of the mem- 
bers elected, expel a member. 

Journal. § 9. The city council shall keep a journal of their j)ro- 

ceedings, and, from time to time, publish tlie same in some 
newspaper published in said city having the largest circula- 
tion therein : {Provided,^ that in case there is no paper j^ub- 
lished in said city, a certified copy of its proceedings shall 
be posted up in at least three of the most j^ublic j^laces in 
said city will be deemed sufficient notice. ;) and the yeas 



CITIES. 241 

and nays, wlien demanded by any member present, sball be 
entered on the jonrnal of proceedings. 

§ 10. jS"© alderman shall be appointed to any office nn- Prohibition, 
der the anthority of the city, which shall haye been created, 
or the emoluments of Tyhich shall haye been increased, dm*- 
ing the time for which he shall haye been elected. 

§ 11. All yacancies that shall occur in the board of Vacancies, 
aldermen shall be tilled by election. 

§ 12. The mayor and each alderman, before entering Oath, 
upon the duties of their respectiye offices, shall take and 
subscribe an oath that they will support the constitution of 
the United States and of this state, and that they will well 
and truly perform the duties of theii' office to the best of 
their skill and abilities. 

§ 13. "Wheneyer there shall be a tie in the election of Tie. 
alderman, the judges of election shall certify the same to 
the mayor, who shall determine the same, by lot, in such 
manner as shall be proyided by ordinance. 

§ 1-1. There shall be four stated meetings of the city Meetings, 
council in each year, at such times and places as may be 
prescribed, by ordinance : Provided^ also^ that the city coun- 
cil may haye as many special meetings, from time to time, 
as may oe agreed upon and designated by the by-laws. 

Article III. — Of the CJiief Executive Officer. 

% 1. The chief executiye officer of the city shall be a Mayor 
mayor, who shall be elected by the qualified yoters of the 
city, and shall hold his office for the term of one year 
and until liis successor shall be elected and cpialified. 

§ 2. Xo person shall be eligible to the office of mayor, EUgibihtj. 
who shall not be a lona fide real estate owner within the 
said city, or who shall not haye been a resident of the city 
for one year next preceding his election, or who shall be 
under twenty-one years of age, or who shall not, at the time 
of his election, be a citizen of the United States. 

§ 3. .. If any mayor shall, during the time lor which he Removal, 
shall haye been elected, remove from said city, his office 
shall be yacated. 

§ 1:. When two or more persons shaU haye an equal Tie. 
number of yotes for mayor, the judges of election shall cer- 
tify the same to the city council, who shall proceed to deter- 
mine the same, by lot, in such manner as may be provided 
by ordinance. 

§ 5. Whenever an election of mayor shall be contested Contest, 
the city council shall determine the same in such manner 
as may be prescribed bj? ordinance. 

§ 6. AYlieneyer any yacancy shall happen in the office Vacancy, 
of mayor, it shaU be filled by election. 



242 ^ CITIES. 

Aeticle IY. — Of Elections. 

Election. § 1. On the first Monday of September next an election 

sliall be held in said city, for one mayor for said city, one 
marshal, one treasurer, one assessor, one street commission- 
er and two aldermen ; and forever thereafter, on the fii'st 
Monday in September of each year thereafter, shall be an 
election held in said city, or in each ward of said city, for 
one mayor for the city, one marshal, one treasurer, one as- 
sessor, one street commissioner, and two aldermen for each 
ward in said city. The present board of trustees, now in 
power, of the town of JN'ew Boston, shall make the necessary 
arrangements for said first election, and the returns thereof 
shall be made as at present provided for, or they may pro- 
vide for by ordinance of said trustees. 

Voters. § ^- ^^ ^^^^ white male inhabitants, over the age of 

twenty-one years, who are entitled to vote for state officers, 
and who shall have been actual residents of said city thirty 
days next preceding any city or ward election, shall be en- 
titled to vote for city ofiicers : Promded^ that said voters 
shall give their votes, in all city or ward elections, in the 
ward in which they reside, and in no other, and that no vote 
shall be received at any of said elections, unless the person 
ofiering such vote shall have been an actual resident of the 
ward, when the same is ofl:ered, at least ten days next pre- 
ceding such election. 

Article Y. — Of the Legislative Powers. 

Taxes. § 1- The city council shall have power and authority to 

levy and collect taxes upon all property, real and personal, 
within the limits of the city, not exceeding one-half of one per 
cent, per annum, upon the assessed value thereof, and may 
enforce the i^ayment of the same in any manner to be pre- 
scribed by ordinance, not repugnant to the constitution of 

Proviso. the United States or of this state : Provided^ that all the 

proceedings shall be had in reference to delinquent taxes, as 
are now or shall be required by the revenue laws for the 
collection of the state and county taxes, and the said city 
marshal or collector of taxes shall give due notice, by pub- 
lication in a newspaper in said city or county, if any shall 
be pubhshed in Mercer county, and make application to the 
county court of Mercer county for judgment against said 
delinquent lands and lots, and that the said county court 
shall have jurisdiction over the same ; the sales of said 
lands and town lots shall be held within the corjDOi-ate limits 
of said city, and said city marshal or collector shall have 
full authority and power to make and execute all deeds and 
conveyances under this act, when thereto dii*ected by said 
city council ; that when any lot or real estate shall be sold 
for taxes, by yirtue of this act, the same may be redeemed 



CITIES. 243 

at any time within two years from the date of such [sale] by 
the owner of such property or his or ^ her agent, executor 
or administrator or other representatives, paying to the trea- 
surer of said city the amount of redemption money as is re- 
quii'ed by law in the same manner as is now provided or 
may be provided for redemption under the laws of this 
state, and the same rights shall be secured to minors, femes 
covert^ as is now pro^-ided by law. 

§ 2. In case the city of ^ew Boston shall at any time Railroad tax. 
become a subscriber to the capital stock of any railroad 
company, the city council shall be authorized and required, 
from year to year, to levy and collect in like manner, as 
nearly as may be as other city taxes are collected, a special 
tax for the purpose of paying the interest on the bonds ; 
the time at which said city tax shall be collected shall be 
subject to the control of said city council, and may be made 
annually or semi-annually as shall be deemed expedient; 
but the said taxes shall always be collected to meet the 
semi-annual payment of interest. 

§ 3. The city council shall have power to appoint a officers. 
clerk, attorney, collector, city surveyor, and all such other 
officers as may be necessary. 

§ 4. The city council shall have power to require all ^o'^'^- 
officers appointed in pm-suance of this charter, to give bond, 
with penalty and security, for the faithful performance of 
the duties of their respective offices, and also to require all 
officers of said city to take and subscribe an oath to perform 
the duties of his said office, before entering on the duties of 
the same; to build and keep in repair school houses; to 
establish, support and maintain common schools ; to borrow 
money on the credit of the city, by and with the consent 
of a majority of the inhabitants thereof: Provided^ that no 
sum or smns of money shall be borrowed at a greater inter- 
est than ten per cent, per annum ; nor shall the interest on 
the ao'gregate of all the sums borrowed and outstanding ever 
exceed one-half of the city revenue arising from taxes as- 
sessed on real property within the city. 

§ 5. To appropriate money, and provide for the pay- Appropriati'ns 
ment of the debts and expenses of the city. 

§ 6. To make regulations to prevent the introduction of Diseases, 
contagious diseases in the city, and to enforce [the same] 
within three miles of the city. 

§ T. To establish hospitals and make regulations for the Hospitals, 
same. 

§ 8. To make regulations to secure the e^eneral health of Health, 
the inhabitants ; to declare what shall be deemed a nuisance, 
and to prevent and remove the same. 

§ 9. To provide the city with water ; to erect hydrants Water. 
and pumps in the streets, for the convenience of the inhab- 
itants. 

§ 10. To open, alter, abolish, widen, extend, establish, streets. 



2U 



CITIES. 



Bridges. 
Wards. 



Light. 

Xight watches. 
Mai'kets. 

Public build- 
ings. 

Public grounds 
License. 



Disorderly 
houses. 

Fires. 



Fire limits. 
Chimneys. 
Combustibles. 



Walls and 
fences. 

Weights and 
measures. 



Inspection. 



grade, or otherwise improve and keep in repair streets, ave- 
nues, lanes and alleys. 

§ 11. To establish, erect and repair bridges. 

§ 12. To divide the city into wards, altei'the boundaries 
thereof, and erect additional wards, as the occasion may re- 
quire. 

§ 13. To provide for lighting the streets and erecting 
lamp posts. 

§ 14. To establish, support and regulate night watches. 

§ 15. To erect market houses, establish markets and 
market places, and provide for the government and regula- 
tion thereof. 

§ 16. To provide for the erection of all needful build- 
ings for the use of the city. 

§ 17. To provide for inclosing, improving and regu- 
lating all public grounds belonging to the city. 

§ 18. To license, tax and regulate auctioneers, mer- 
chants, retailers, hawkers, peddlers, brokers, pawnbrokers 
and money changers. 

§ 19. To license, tax and regulate hackney carriages, 
wagons, carts and drays, and fix the rates to be charged for 
the carriage of j)ersons, and for the wagonage, cartage or 
drayage of property. 

§ 20. To license and regulate porters and fix the rate of 
porterage. 

§ 21. To license, tax and regulate theatricals and other 
shows and amusements ; also to license, restrain, prohibit 
and suppress tippling houses and dram shops. 

§ 22. To prohibit and suppress gambling, bawdy and 
disorderly houses. 

§ 23. To provide for the extinguishment of fires ; to or- 
ganize and establish a fii'e department, with the necessary 
ofiicers, and to organize, establish and equip fire companies. 

§ 24. To regulate or prohibit the erection of wooden 
buildings in any part of the city. 

§ 25. To regulate the fixing of chimneys, and to fix 
chimney fines. 

§ 26. To regulate the storage of gunpowder, tar, pitch, 
rosin and other'combastible materials. 

§ 2T. To regulate and order parapet walls and partition 
fences. 

§ 28. To establish standard weights and measures, and 
to regulate the weights and measures to be used in the city, 
in all cases not otherwise provided for by law. 

§ 29. To provide for the inspection of and measuring 
lumber and other building materials, and the measurement 
of all mechanical work. 

§ 30. To provide for the inspection and weighing of 
hay and stone coal, the measuring of charcoal, firewood and 
other fuel, to be iised within the city. 



CITIES. 245 

§ 31. To provide for and regulate the inspection of beef, 
pork, ilonr, meal and grain. 

§ 32. To regulate the inspection of butter, lard, cheese 
and other pro^dsions. 

§ 33. To regulate the weight, quahty and price of bread Bread, 
to be used in the citj. 

§ 34. To provide for taking enumeration of the inhabi- Census, 
tants of said city ; to regulate the election of city officers, 
and to provide for the removal from office any person [hold- 
ing] an office created by ordinance. 

§ 35. To fix the compensation of all city officers, and Compensation, 
regulate the fees of witnesses, jurors and others, for services 
rendered under this act or any ordinance. 

§ 36. To regulate the police of the city; to impose fines, PoUce. 
forfeitures and penalties for the breach of any ordinance, 
and to provide for the recovery and appropriation of such 
fines and forfeitures, and the enforcement of such penalties. 

§ 37. The city council shall have power within the city. Gaming, &c. 
by ordinance, to restrain and suppress billiard tables and 
ball alleys ; to regulate, restrain and prohibit the running at 
large of horses, cattle and hogs. 

§ 38. All moneys collected under and by authority of Moneys. 
any city ordinance, shall be deemed and taken to belong to 
said city, and is to be disposed of by the city council under 
the ordinance of said city for the general use and benefit of 
the inhabitants thereof. 

§ 39. The city council shall have power to make all Ordinances, 
ordinances which shall be necessary and proper for carrying 
into efi'ect the powers specified in this act. 

§ 40. The stvle of the city ordinances shall be, '^Be it style. 
ordained hj the Mayor and Common Council of the City of 
JSfevj Boston.'''' 

§ 41. All ordinances passed by the city council shall. Publication, 
within twenty days after they are passed, be pubhshed in 
the ncAvspaper published in the city having the largest 
circulation, and shall not be in force until they shall have 
been pubhshed as aforesaid: Provided^ in case there is no 
newspaper published in said city, publication may be made 
by posting up written or printed copies of the ordinances in 
three of the most public places in each ward in the city. 

§ 42. All ordinances of the city may be proven by the proof, 
seal of the city corporation, and when printed or published 
in book or pamplet form, and purporting to be ^jrinted and 
published by authority of the corporation, the same shall 
be received in evidence in all com-ts and j)laces without 
finther proof. 



246 



CITIES. 



Article Y1 — Of the Mayor. 



Mayor. 



Special r 
ings. 

Duty of 
mayor. 



Aid. 



§ 1. The mayor sliall preside at all meetings of the city 
comicil, and shall have a casting vote, and no other. In 
case of nouattendance of the major at any meeting, the 
board of aldermen shall appoint one of their number, who 
shall preside at that meeting, 
eet- § 2. The major or anj two aldermen may call a special 

meeting of the citj council, 
the § 3. The major, at all times, shall be active and vigilant 
in enforcing the laws and ordinances for the government of 
the city; he shall inspect the conduct of all subordinate 
officers of said citj, and cause negligence and positive 
violation of dutj to be prosecuted and punished; he shall, 
from time to time, communicate to the aldermen such infor- 
mation and recommend all such measm-es as in his opinion 
ma J tend to the improvement of the finances, the pohce, the 
health, securitj, comfort and ornament of the citj. 

§ 4. He is*^ hereb J autTiorized to call ever j male inhabi- . 
tant of said citj, over the age of eighteen jears, to act in 
enforcement of the laws and ordinances, and in case of a 
riot, to call out the the militarj to aid in suppressing the 
same, or in carrjing into effect anj law or ordinance, and 
anj person who shall not obej such call, shall forfeit to the 
said citj a fine not exceeding five dollars. 
Exhibit. § 5. He shall have power, whenever he shall deem it 

necessarj, to require ot anj officer of the said citj an 
exhibit of his books and papers. 

§ 6. He shall have jjower to execute all acts that may 
be required of him by any ordinance made in pursuance of 
this act. 
the § 7. He shall be commissioned by the governor as a 
justice of the peace for said city, and as such shall be a 
conservator of the peace in said city, and shall have jDOwer 
and authority to administer oaths, issue writs and process, 
under the seal of the city, to take depositions, the acknow- 
ledgment of deeds, mortgages and all other instruments of 
writing, and certify the same under the seal of the city, 
which shall be good and valid in law. 
Jurisdiction. § 8- He shall have and exercise jurisdiction in all cases 

arising under the ordinances of the city, and concurrent 
jurisdiction with justices of the peace in all civil and crimi- 
nal cases within the county of Mercer, arising under the 
laws of the state of Illinois, and shall receive the same fees 
and compensation for his services as are allowed to justices 
of the peace. 

§ 9. He shall also have such jm-isdiction as may be 
vested in him by ordinance of the city, in and over all 
places within three miles of the boundaries of the city, 
for the purpose of enforcing the municij^al regulations of 
the city. 



Justice of 
peace. 



CITIES. 247 

§ 10. He shall receive for liis services suck salary as Salary. 
sliall be fixed bj ordinance of the city. 

§ 11. In case the major shall at any time be guilty of indictment. 
a palpable omission of duty, or shall willfully and corruptly 
be guilty of oppression, malconduct or partiality in the 
discharge of the duties of his office, he shall be liable to be 
indicted in the circuit court of Mercer county, and on con- 
viction, he shall be fined not more than two hundred dollars, 
and the com-t shall have power, on the recommendation of 
the jmy, to remove him from office. 



Article YII — Proceedings in Special 

% 1. When it shall be necessary to take private property The opening of 
for opening, widening or altering any pubhc street, lane, streets. 
avenue or alley, the city shall make a just compensation 
therefor to the persons whose property is so taken and [when] 
the amount of such compensation cannot be agreed on, 
the mayor shall cause the same to be ascertained by a jury 
of six disinterested freeholders of the city. 

§ 2. "When the owners of all the ]3roperty on a street, Petition, 
lane or alley proposed to be opened, widened or altered, 
shall j^etition therefor, the city council may open, widen or 
alter such street, lane, avenue or alley, upon condition to be 
prescribed by ordinance ; but no compensation in such case 
shall be made to those whose property shall be taken for 
the opening, widening or altering such street, lane, avenue 
or alley, nor shall there be any assessment of benefits or 
damages that may accrue thereby to any one of the peti- 
tioners. 

§ 3. All jurors empanneled to inquire into the amount of inquest, 
benefits or damages which shall happen to the owners of 
property proposed to be taken for opening, widening or 
altering any street, lane or alley, shall first be sworn, to 
that effect, and shall return to the mayor their inquest, in 
writing, and signed by each juror. 

§ 4. In ascertaining the amount of compensation for pro- Benefits and 
perty taken for opening, widening or altering any street, damages. 
lane, avenue or alley, the jm-ors shall take into consideration 
the benefit as well as the injury resulting from such opening, 
widening or altering such street, lane avenue or alley. 

§ 5. The mayor shall have power, for good cause shown. Mayor may set 
within ten days after any incj[uest shall have been returned ^^^^^ inquest 
to him, as aforesaid, to set the same aside and c^iuse a new 
inquest to be had. 

§ 6. The city council shaU have power, by ordinance, to Taxes, 
levy and collect a special tax on the holders of the lots on 
any street, lane, avenue or alley, or part of any lane, avenue 
or alley, according to their respective fronts owned by them, 
for the purpose of paving and grading the side-walks and 
lighting said streets, lane, avenue or alley. 



248 



CITIES. 



Article YIII — Miscellaneous Provisions. 



Exemption. 



§ 1. The iuliabitants of tlie city of Xew Boston are 
hereby exempted from •working on the road beyond 
the city, and from paying any tax to procure laborers 
to work upon the same: Provided^ that the city coun- 
cil may cause one-fourth of the labor tax to be laid out on 
roads leading into said city, and may expend a portion of 
the city tax upon the same, not to exceed one-fourth of the 
amount annually assessed. 
Street labor. § 2. The city couiicil shall have power, for the purpose 
of keeping the streets, lanes, avenues and alleys in repair, 
to require every male inhabitant of said city, over twenty- 
one years of age, to labor on said streets, lanes, avenues and 
alleys, not exceeding four days in each and every year ; and 
any person failing to perform such labor, when duly notiiied 
by the street commissioner, or those acting under him, shall 
forfeit and pay the sum of one dollar per day for each day 
so neglected or refused. 
Imprisonment, § 3. The city couucil shall have power to provide for the 
punishment of offenders, by imprisonment in the county 
jail, or by requiring the ofl'enders to work the amount out 
in labor on the streets, within the limits of the corporation, 
either with or without ball and chain attached to them, as 
by ordinance may require, in all cases where such offenders 
shall fail or refuse to pay the fines and forfeitures which may 
be recovered against them. 

§ tt. The city council shall cause to be published, annu- 
ally, a full and comj^lete statement of all moneys received 
and expended by the city during the preceding year, and on 
what account received and expended. 

§ 5. All ordinances and resolutions passed by the trus- 
tees of the town of Xew Boston shall remain in full force 
until the same shall have been repealed by the city council 
hereby created. 

§ 6. This charter shall not invalidate any act done by 
the president and trustees of the town of New Boston, nor 
divest them of any right which may have accrued to them 
prior to the j^assage of this act. 

§ 7. The trustees of the town of Xew Boston shall give 
timely notice, after the passage of this act, and take steps 
to promulgate this law within the limits of the city of ISTew 
Boston, and issue their proclamation for the election of 
officers of the same, to be published for at least two weeks 
prior to the day of election for said officers. Should the 
present trustees of the town of J^ew Boston resign their 
seats, the election of city officers may take place sooner than 
the first Monday in September next. 

§ 8. Appeal shall be allowed from the decisions in all cases 
arising under the provisions of this act or any ordinance 
passed in pursuance thei-eof to the circuit court of Mercer 



Statement. 



rdinances. 



Rights. 



Publication. 



Appeals, 



Cities. . 249 

county; and every sucli appeal sliall be taken and granted 
in the same maner and with like efiect as appeals taken 
from and granted by justices of the peace to the circuit 
court under the laws of this state, 

§ 9. Whenever the mayor shall absent himself from the Yacanoy. 
city, or sliall resign or die, or his otHce shall otherwise be 
vacated, the board of aldermen shall immediately proceed 
to elect one of their nuinber president, who shall be mayor, 
jpTO tern. 

§ 10. This act is hereby declared to be a public act, and Public act. 
may be read in evidence in all courts of law or equity in 
this state without prootl 

§ 11. All acts or parts of acts, coming within the provis- Eepeai. 
ions of this charter, or contrary to or in conflict w^ith its 
provisions, are hereby repealed. 

§ 12. The city marshal or auy other officer authorized to Marshal 
execute writs or other process issued by the maj^or, shall have 
power to execute the same anywhere within the limits of 
Mercer county, and shall be entitled to the same fees for 
traveling as are allowed to sheritfs or constables in similar 
cases. 

§ 13. The common council of said city sliall have no Yin&?, 
power to remit any iine imposed upon any person for the 
violation of the laws or auy ordinance of said city, unless 
two-thirds of all the aldermen authorized to be elected shall 
vote to remit the same, nor shall anything in this act con- 
tained be so construed as to deprive any court of jurisdic- 
tion to abate and remove nuisances in the streets, or any 
other part of said city, by indictment or otherwise. 

§ 14. ]^o vote of' the comj.non council shall be reconsid- Reconsidera- 
ered or rescinded at a spefeial meeting of said council, unless *^''°' 
at such special meeting there be present as large a number 
of aldermen as was present when such vote was taken. 

§ 15. Every assessment or tax levied or assessed by the Lien, 
common council, the collection of Avhich shall be delayed 
by injunction or other judicial proceedings, shall be a lien 
upon the property or premises assessed for the period of 
one year after the iinal disposition of the injunction, or 
other judicial proceedings, unless said legal proceedings 
shall be sustained. Secondly — if at any sale of real estate 
or personal property for taxes or assessments, levied or 
assessed by the common council by virtue of any of its 
corporate powers, no bids shall be made for any parcel of 
laud or any goods and chattels, the same shall be struck off 
to the city, and thereupon the city, in its corporate capacity, 
of purchaser therefor, and shall be vested with the same 
rights as other persons tinder thife act and the revenue laws 
of this state' at such sales. ' 

§ 16. In all cases prosecutions for violating any law or Process, 
rdinance of said city, the first process shall be a summons. 
mless oath or affirmation be made by some officer of said 

-Q 



^50 CITIES. 

city or other person, that an offence has been coramittedj a 
warrant or capias shall issue as in other cases, before justices 
of the peace. Secondly — m all suits for the violation of 
i^rdinances the writ shall specity the particular clause of the 
ordinance violated. 

§ IT. This act to take effect ajid be in force from and after 
its pa'^sage. 

Approved February 21, 1859. 



In ^orceFebru- AN ACT extending the corporate limits and powers of the city andtosvn of Pekin. 
ary 14, 1859. 

Section 1, Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the cor- 
porate limits of the city of Pekin be, and the same is hereby 
Limits exten- extended Oyer, and so as to include therein, all of the terri- 
tory contained in the following boundaries, to wit: Begin- 
ning at the Illinois river on the south side of section four, in 
township twenty-four north, of range five, west of the third 
principal meridian, thence east to the southeast corner of 
section two, in said township, thence north two miles, thence 
west to the west bank of the Illinois river, thence down 
.along the west bank of the Illinois river to a point due north 
,of the place of beginning, thence south to tlxe place of be- 
ginning. And all of the corporate powers, rights and priv- 
ileges of said city of Pekin shall be" and the same is hereby 
authorized to be held, exercised and enforced by the author- 
ities of said city within said bounds to the same extent and 
in the same manner as they are now held and exercised 
within said city. 

§ 2. Be it further enacted, That sections one, two, three 
Sections added. ^^^ ^^^^,^ ^£ township twenty-four north, of range five west 
of the third principal meridian, now contained in the town 
of Cincinnati, be and the same is hereby attached to and in- 
corporated in the town of Pekin, and ,the same shaU, for all 
school, town and county purposes, be and act as one and the 
same town, and the next town meeting in the town of Cin- 
cinnati shall be holden at the Woodrow school house, in 
Cincinnati town. 

§ 3. The voters of the town of Pekin, at their next town 
Roads. meeting, shall be and are hereby authorized to declare what 

roads in said town are now useless, and the same shall be 
deemed vacated thereby, and no logger he kept in repair; 
and they shall also, at said town meeting, or at any other 
town meeting, have full power and authority to declare what 
shall be pubfic roads in said town, and where the same shall 
be located and opened, and how the same shall be built, 



CITIES. 251 

opened, worked, bridged or repaired ; and having so decided 
on the j^lane or plan of all or either of those things the su- 
pervisor of said town shall be and he is hereby authorized,, 
after having advertised the same tor three weeks in a newsr 
paper in said town, to let, to the l^jwest bidder, the building, 
opening, working, bridging and repairing or keeping in re- 
pair such roads and bridges, on the place, plan and to the 
extent decided at such meeting, for the term of one year 
next following the date of such contract ; and the contractor 
shall give bond to the supervisor of said town of Pekin in 
double the amount of his bid, conditioned that he will faiths . 
fully and fully execute his contract in the manner and at the 
time stipulated therein, in every respect whatever; and said 
contractor and his surety shall be liable to the extent of s'lid 
bond, and he shall also be further liable to the said town of 
Pekin for all damages accruing t^o the town, or any inhabi- 
tant of this state, from any neglect, refusal or default on his 
part; and the town of Pekin may recover against said con- 
tractor and his security^ on said bond, for any breach of its 
condition, or against the contractor, by action of debt^ before 
any court having jurisdiction of the amount clain;ed, for any 
damages accruing to the town, or any such inhabitant, from 
any such cause. 

I 4. The supervisor of the town of Pekin shall report to Dutv of :.jper. 
the board of supervisors of the county, at their annual meet- '*'^=^^'^- 
ing for levying taxes each year, the amount of the contract 
price that year for building and repairing the roads and 
bridges in Pekin town for the ensuing year, and the amount 
so reported shall be levied by the supervisors and extended 
upon the lands and other property in said town, outside of 
the city limits, for road purposes. And any damages arising 
to any person or persons from the opening any new road or 
straightening any old road in the town, as required by the 
inhabitants of the town, at their annual town meeting, when 
agreed upon or assessed by the commissioners of highways 
of the town, shall be reported by theni to the supervisor of 
the town, and be collected as other road taxes therein ; and 
when the damages is so agreed upon or assessed, as now re- 
quired by law, by said commissioners of highways, the said 
road and land so taken shall from thence, for all purposes, 
be deemed a pubhc highway; and the person making the 
contract with the town for opening and b?ailding the roads 
therein shall proceed immediately to open such road, and 
such damages as may be then agreed upon or assessed, or 
such as naay at a^y time thereafter be awarded or allowed to 
the party claiming it, shall be levied by the board of super- 
visors at their next annual meeting after such award, and be 
extended upon such property in the town as lies outside of 
the city limits, and now subject to road taxes, and, when 
collected, to be paid over by the supervisor of the town to 
the party entitled thereto; and no appeal shall be had from 



G1TIE&, 

the decision of the voters at their town meetino;, as to the 
place of k)cating any road in the town ; and all questions of 
damages shall he estimated on the principle of benefits ac- 
cruing by the location or change of such road, as now re- 
quired by law in such cases ; and appeals from such assess- 
ments of damages shall be conducted as now required by 
law; and any person wantoidy injuring or obstructing any 
road or bridge in such town shall, on complaint, be fined in 
any sum not less than the damages done; which fine may 
be recovered before any court having jurisdiction of the 
amount claimed, by action of debt, in the name of the town 
of Pekin. 

§ 5. All acts and parts of acts coming in conflict w4th 
this act shall be and, the same is hereby rej^ealed, and this 
act shall take efiect and be in force from and after its pass- 
age. 

Appeoved February 14, 1859. 



In force Janu- ^^ -^^T to confirm an act entitled "An act to reduce the law incorporating th.e 

urv26 1859. city of Quincy and the several acts amendatory thereof into one act, and to 

' ' auienrf the same," approved January 30, 1857, and to amend the same and to 

legalize all acts of the said city under the provisions of said act, or any other 

acts heretofore passed in respect to the rights or powers of said city. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That an act 
Act legalized, entitled "An act to reduce the law incorporating the city of 
Quincy, and the several acts amendatory thereof into one 
act and to amend the same," approved January 30, 1857, 
(in the engrossing of which act the enacting clause thereof 
w^as by accident omitted,) be and the same is hereby re- 
enacted, legalized and confirmed, and that the said act be in 
force and have operation and efiect according to the terms 
thereof, in the same manner and to the same extent, in 
every respect, as if it had been passed and approved with 
the proper enacting clause prefixed thereto ; and that all or- 
dinances, acts and proceedings of the city of Quincy, of 
every kind and nature, passed, committed or done under 
and in pursuance of the provisions of said act, or of any 
other act or acts heretofore passed in respect to the rights or 
powers of the said city of Quincy, be, ancl the same are 
hereby legalized and confirmed, and made valid, obligatory 
and binding, as well in respect to the said city and the in- 
habitants thereof, as in respect to 'all other persons, bodies 
politic or corporate, interested in. or tp be atfected thereby. 
Collection dig- § ,2, That for the collection of the revenues of said city, 
tricts. whether general or special, the said city shall be divided 



CITIES. 2-0 ■ 

into three districts, deriominated collection districts, bounded 
severally as follows, to wit: 

First ' district, commencing at the centre of Yermont First, 
street, on the west line of the city, running thence east 
along the centre of Yermont street to the centre of Eighteenth 
street, thence south along the centre of Eighteenth street to 
the centre of Main -street, thence east along the Centre of 
Main street to the east line of the city, thence north to the 
northeast corner of the city, thence w^est to the northwest 
corner of the city, thence south to the point of beginning. 

Second district", commencing at the centre of Yermont Second. 
street, on the west line of the city, running thence south 
along the west line of the city to the centre of York street, 
thence east along the centre of York street to the centre 'of 
Twelfth street, thence north along the centre of Twelfth street 
to the centre of Jersey, thence east along the centre of Jer- 
sey street to the centre of Eighteenth street, thence north 
along the centre of Eighteenth street to the centre of \^er- 
mont street, thence west along the centre of Yermont street 
to the point of beginning. 

Third district, commencing at the centre of York street, Third, 
on the west Hue of the city, nmning thence south along the 
west line of the city to the southwest corner thereof, thence 
east to the southeast corner of the city, thence north to' the 
centre of Main street, thence west along the centre of Main 
street to the centre of Eighteenth street, thence south along 
the centre of Eighteenth street to the centre of Jersey street, 
thence west along the centre of Jersey street to the centre 
of Twelfth street, thence south along the centre of Tweltth 
Btreet-to the centre of York street, thence west along the 
centre of York street to the point of beginning. 

§ 3. At each annual charter election in and for said city Coiiectcrs. 
there shall be elected a collector of the revenue for each 
collection district. The collector of the first district shall be 
elected by the voters of the first and sixth wards ot the city; 
the collector for the second district • shall be elected by the 
voters of the second and hfth words of the city; and the 
•collector of the third district shall be elected by the voters 
of the third and fourth wards of said city. 

§ 4. In case of the nonpayment of any taxes or' assess Nonpayment, 
nients levied or assessed under this act, the premises may be 
sold for the payment thereof at any time within two years 
after the conhrmation of the assessment by the city council. 
Before -any such sale, an order shall be made by the city 
•council,- which shall be entered at krge in the journals or 
records kept by the clerk,- directing the collectors to sell, 
particularly describing the delinquent premises to be sold 
and the assessment for which the sale shall be made, a cer- 
tified copy of which oi*der, under the corporate seal, signed 
by the mayor or presiding othcer and clerk, shall be deliver- 
ed to the collector of each collection district^ which, together 



254 



CITIESo 



Advertisement 



Licens?. 



Sections 
pealed. 



tvith tiie warrant, shall constitute the process npoii whicli 
such sale may be made. 

§ 5. The collector of each collection district shall then 
advertise such premises in the newspaper publishing the or- 
dinances of the city, for sale, which advertisement shall be 
published not less than ten times daily, describing the pre- 
mises by figures or otherwise, with the name of the owner 
(when known) and the several amounts of the taxes and 
assessments thereon, and costs; Said notice shall also con- 
tain the time and place of sale. The proceedings may be 
stopped at any time in the payment of the taxes or assess- 
ments and costs due thereon^ at the time of making pay- 
ment. 

§ 6. All sales shall be conducted in the manner required 
by law, but the city council shall hate the power to prescribe 
the manner oi conducting the same. The sale shall be made 
for the smallest portion of ground, to be taken off the east 
side of said lots, extending the whole length thereof, pro- 
vided said lots have a northerly or southerly front, and from, 
the north side extending the whole length thereof, should 
said lots have an easterly or westerly front. The collectors. 
upon making such sales shall return to the office of the clerk 
of said city a certified copy of the sale by him made, w^iich 
shall be entered by said clerk in a book kept for that pur- 
pose. The collectors shall be allowed such fees for selling 
and making return of said sales, as may be provided by or- 
dinance; and the clerk of said city shall be allowed for 
making record of sales returned such compensation as may 
be provided by ordinance. 

§ 7. At each annual charter election in and for said city, 
there shall be elected by the voters of -said city, a city clerk, 
city treasurer, city engineer, city attorney, city physician, 
city measurer, city sexton, street commissioner, harbor mas- 
tet^ clerk of the market, overseer of the poor, chief engineer 
of the tire department and a superintendent of public 
schools. 

§ 8. The city council of the city of Quincy shall, at its 
stated monthly meeting, on the first Monday of April, an- 
nually, determine whether licenses may issue for the sale of 
spirituous liquor and beer for the ensuing year; and in case 
they determine that such licenses may issue, the said city 
council, at said stated meeting, shall fix the price or rates of 
such licenses, and the price or rates so fixed shall not be 
changed tor one year thereafter; and no license issued for the 
sale of spirituous liquors or beer shall run beyond the first 
Monday of the next succeeding April. 

§ 9. All of sections "seven" and "eight," of chapter 
"threC)" and so much of section "one," of chapter "four," 
as refers to clerk, treasurer, street commissioner and chief 
engineer of the firfe departiflent,- and also section "fifty" of 



CITIES. 



said chapter "four,^' of the act to which this ' act is a con- 
fii'mation and amendment^ are hereby repealed. 

§ 10. This act shall be deemed a piibhc act, and shall 
take eifect and be in force from and after its passage. 

Approved January 26, 1859; 



AN ACT to amend '*An act to amend the charter of the city of Rockford." In force April 

26, 1859. 

Section 1; Be it enacted hy thi& People of the State of 
Illinois^ represented in the General Assembly^ That section Section amend- 
one hundred and seventy-five of the "Act to amend the ^^' 
charter of the city of Rockford," passed March, 1854, be 
amended by substituting the word '-stated" for the word 
"settled," and the word "recorded" for the word "recovered," 
where those words occur in that section. 

Appkoved February 24, 1859. 



AN ACT to incorporate the city of Sparta, in Randolph county. In force Feb'r 

21, 1859. 

Article I. — Of Boundaries and General Powers. 

Section 1; Be it enacted hy the Peojyle of the State of 
Illinois^ represented iii the General Assembly^ That the in- style, 
habitants of the to#n of Sparta and all that district of coun- 
try hereinafter described, in the county of Randolph, and 
state of Illinois, be and they are hereby constituted a body 
politic and corporate, by the name and style of the " City of 
Sparta," and by that name shall have perpetual succession, 
and may have and use a commoil seal, which they may 
change and alter at pleasure. 

§ 2. All that district of country embraced within the City limits, 
following boundaries, to wit : Beginning at the northwest 
quarter of the southwest quarter of the southeast quarter of 
section thirty-six in township four south, range six west, and 
running south one mile and one-qilarter ; thence east one 
mile and three-fourths; thence north one inile and one- 
fourth ; thence west one mile and three-fourths to the place 
of beginning, is hereby declared to be within the bounda- 
lies of the said city of Sparta. 

§ 3. The present bt)ard of trustees of the town of Sparta 
shall, on or before the first Monday of May next, divide thd 
said city of Sparta into four wards^ as nearly equal in pop- 
ulation as practicable, particularly describing the boundaries 
of each. 



25G 



cixrES. 



Additious. 



General corpo 
'•ate powers. 



§ 4. Whenever any tract of land iadjolning the city of* 
Sparta shall be laid off into town lots, the same shall be re- 
corded, as now required by law, and shall be annexed to 
and form a part of said city of Sparta. . 

§ 5. The inhabitants of said city, by the name and -style 
aforesaid, shall have power to sue and be sued, to plead and 
to be impleaded, defend and be defended, in all courts of 
law or equity, and in all actions whatever ; to purchase, re- 
ceive and hold property, real and personal, in said city ; to 
jDurchase, receive and liold property, both real and personal, 
t3ey{)nd the city, for burial grounds or for other public pur- 
poses, for the use of the inhabitants of said city ; to sell, 
lease,' convey or dispose of property, real and personal, for 
^the benefit of the city, and to improve and protect such pro- 
perty ; and to do all other things in relation thereto as may 
be necessary. 

Article II. — Of the City Coundl. 



Eligibility. 



Kemoval. 



Council. § 1. There shall be a city council, to consist of a mayor 

and board of aldermen. 
Aldermen. § 2. The board of aldermen shall consist of two mem.- 

bers from each w^ard, to be chosen by the qualified voters 
for two years. 

§ 3. Ko person shall be an alderman unless, at the time 
of his election, he shall have resided six months within the 
limits of the city, and shall be, at the time of his election, 
twenty-one years of age, and a citizen of the United States, 
and a freeholder within the city limits. ' 

§ 4. . If any alderman shall, after his election, remove 
from the w^ard for which he was elected, his ofiice shall 
thereby be declared vacated. 

§ 5. At the first meeting of the city council, the alder- 
men of each ward shall be divided, by lot, into two classes; 
the seats of those of the first class shall be vacated at the 
expiration of the first year, and of the second class at the 
expiration of the second year, so that half of the board shall 
be elected annually. 
Qualifications. § (>. The city Qouucil shall judge of qualifications, elec- 
tions and returns of their own members, and s^iall deter- 
mine all contested elections. 

§ Y. A majority of the city council shall constitute a 
quorum to do business, but a smaller number may adjourn 
from day to day,- and compel the attendance of absent mem- 
bers, under such penalties as may be prescribed by ordi- 
nance. . , 

§ 8, The city council shall have power to determine the 
rules of its proceedings, punish its members for disorderly 
conduct, and, with the concurrence of two-thirds of the 
members elected, expel a member; 



Quorum 



Rules. 



CITIES. 257 

§ 9. The city council shall keep a journal of its pro- Journal, 
ceedings, and, from time to time, publish the same in some 
newspaper published in said city having the largest circula- 
tion therein ; and the yeas and nays, ^vhen demanded by 
any member present, shall be entered on the journal of pro- 
ceedings, v. 

§ 10. ISTo alderman shall be appointed to any office un- Prohibition, 
der the authority of the city, which shall have heen created 
or the emoluments of which shall have been increased dur- 
ing the time for which he shall have been elected, 

§ 11. All vacancies that shall occm- in the board of alder- Vacancies, 
men shall be filled by election. 

§ 12. The mayor and each alderman, before entering Oath. 
upon the duties of their respective offices, shall take and 
subscribe an oath that they will support the constitution of 
the United States and of this state, and that they will well 
and truly perform the duties of their office, to the best of 
their skill and abilities. 

§ 13. Whenever there shall be a tie in the election of 
aldermen, the judges of election shall certify the same to 
the mayor, who shall determine the same, by lot, in such 
manner as shall be provided by ordinance. 

§ 14. There shall be twelve stated meetings of the city Monthly meet; 
council in each year, at such times and places as may be "^°^- 
prescribed by ordinance. 

Akticle hi. — Of the Chief Executive Officer. 

§ 1. The chief executive officer of the city shall be a Mayor, 
mayor, who shall be elected by the qualified Voters of the 
city, and who shall hold his ofiiice for one year and until his 
successor shall be elected and qualified. 

§ 2. ^0 person shall be eligible to the office of mayor 
who shall not have been a resident of the city for one year 
next preceding his election, or who shall be under twenty- 
one years of age, or who shall not, at the time of his elec- 
tion, be a citizen of the United States and a freeholder 
within the city limits. 

§ 3. If any mayor shall, during the time for which he 
shall have been elected, remove from the city, his office 
shall be vacated. 

§ 4. When two or more persons shall have an equal Decision by lot 
number of votes for ma;yor, the judges of election shall cer- 
tify the same to the city council, who shall proceed to deter- 
mine the same, by lot, in such manner as may be provided 
by ordinance. 

§ 5. Whenever an election of mayor shall be contested. Contest 
the city council shall determine the same in such manner as 
iiiay be prescribed by ordinance. 

:§ 6. Whenever any vacancy shall happen in the office 
of mayor, it shaU be filled by election. 



258 



CiTIESo 



Officers to be 
elected. 



Voters. 



Recorder. 



Tife. 



Certificate of 
election. 



Aeticle IV. — Of Electians. 

§ 1. On the first Monday of May next an election shall 
be held in each ward of said city for one mayor for said 
city, one marshal, one treasurer, one assesscV, one street 
commissioner, and two aldernien for each ward; and forever 
thereafter, on the first Monday in May of each year, there 
shall be an electioil held in each ward of said city for one 
mayor of the city, one marshal, one treasurer, one assessor, 
one street commissioner, and one alderman of each ward. 
The present board of trustees of the town of Sparta shall 
make the necessary arrangements for said first election, and 
the returns thereof shall be made as at preseiit provided by 
ordinance of said trustees. 

§ 2. All free, white male inhabitants, over the a,o-e of 
twenty-one years, who are entitled to vote for state officers, 
and who shall have been actual residents of said city thirty 
days next precedino; any city or ward election, shall be en- 
titled to vote for city oflScers: Provided, that said voters 
shall give their votes in all city or ward elections in the 
wards in which they respectively reside, and in no other, and 
that no vote shall be received at any of said elections unless 
the person offering such vote shall have been an actual resi- 
dent of the ward where the same is oifered, at least ten days 
next preceding such election. 

Aeticle Y — Of the Legislative Powers of the City Cotlncil. 

§ 1. The city council shall have power and authority to 
create and establish the office of city recorder for said city, 
and shall have power to elect an officer, to be called city re- 
corder, who shall hold his office until the first Monday in 
May next after his said election, and until his successor shall 
be duly elected and qualified ; arid on the first Monday in 
May every year thereafter, the qualified voters of said city 
shall elect a city recorder for said city, who shall hold his 
office for one year from and after his election, and until his 
successor shall be duly qualified ; and said elections of re- 
corder by the qualified voters aforesaid, shall be held, con- 
ducted and returns thereof made in the same manner as is 
or shall be provided by the ordinances of said city for the 
election of mayor and aldermen thereof. 

§ 2. When two or more persons shall have an equal 
number of votes for recorder, or when an election for re- 
corder shall be contested, the same proceedings shall be had 
to determine the questions and rights of the parties, as by, 
the ordinances of said city shall be prescribed in the case of 
the election of mayor, or when the election of said mayor 
may be contested; 

§ 3. It shall be the duty of the clerk of sfiid city, imme- 
diately after the election of recorder shall have been had, to 



i 



file a certificate of the election of the person who shall be 
declared to be duly elected to the office of recorder with the 
county clerk of Randolph county, whose duty it shall be to 
file and preserve the same, and enter it upon the books kept 
by the said clerk for recording the election of justices of the 
peace for said county; and the said county clerk shall, when 
required, certify to his official character, as in cases of jus- 
tices of the peace. 

§ 4. No person shall be eligible to the office of city recorder Eligibility 
who is not above the age of twenty-one years, and who shall 
not have resided in said city one year next preceding his 
election, and be a freeholder within the city limits. 

§ 5. The said recorder shall be commissioned by the Coamissioner. 
governor as a justice of the peace, and shall be conservator 
of the peace in said city, and shall have power and author- 
ity to administer oaths, issue writs and process, under the 
seal of the city, to take depositions, the acknowledgment 
of deeds, mortgages and all other instruments of writing, 
and certify the same, under the seal of the city, which shall 
be good and valid in law. 

§ 6. The said recorder, when duly qualified, shall have, Jurisdiction, 
possess and exercise concurrent jurisdiction with the mayor of 
said city in and over all cases arising under the ordinances 
thereof j and he shall also have additional statute, criminal 
and common law jurisdiction in all cases where the demand,- 
damages or fine does not exceed five hundred dollars, and 
where the imprisonment extends only to the county or city 
jail : Prryvided, that the city marshal of said city, or any 
other officer authorized to execute writs or process, issued by 
the said recorder, shall have power to execute the same any- 
where within the limits of Randolph county, 

§ 7. He shall hold a recorder's court in said city for the Court, 
trial of all cases arising under the ordinances of said city, 
or the additional jurisdiction herein conferred upon him ;• 
said court to be held in the manner which^ may, by ordi- 
nance, be prescribed for holding the mayor's court of said 
city; He shall keep a docket, in which shall be entered all 
cases tried before him, in the same manner as is required 
of justices of the pea6e by the laws of this state. 

§ 8. All appeals from the decision of the said recorder Appeals, 
or from any judgment entered by him shall be taken with- 
in five days from and after the rendition of judgment: Pro- 
vided, that in case thfe city of Sparta be the appellant the ap- 
peal shall be granted On application and without reqidring 
an appeal bond to be filed, as in other cases of appeal, 

§ 9. The said recorder shall have the same power to Contempt, 
punish for contempt as is now or may be conferred upon jus- 
tices of the peace, by the laws of this state, and for such 
contempts may inlorce a fine not exceeding fifty dollars^ and 
on failm'e to pay the same he may commit the oflender 



260 



CITIES. 



Absence. 



Vacaucj. 



Penalties. 
Oath. 

Salary. 

Resignation. 

Taxes. 



Appointed^ offi- 
cers. 



Bonds of offi- 
cers. 



forthwith to prison, until the line and costs shall be paid, ks 
may be provided by ordinance. 

§ 10. In case said recorder shall remove from said city, 
or resign or die, or his office shall be otherwise vacated, the 
city council shall, by resolution, declare the office vacant^ 
and whenever a vacancy shall occur in the office of recorder 
the same shall be filled by a special election, wdiich shall be 
held, conducted and returns thereof made in the same man* 
ner as may be provided by ordinance for the election of 
mayor of said city, at a special election. 

§ 11. Whenever a vacancy shall occur in the office of 
recorder, or when said recorder, on account of temporary 
absence from the city or ill health, shall be unable to per- 
form the duties of the office, the mayor of said city shall 
act as recorder until an election shall be held and the re- 
corder qualified, or until his return to the city or the restora- 
tion of his health, and, while acting as recorder, the said 
mayor shall be vested with the same powers as are hereby 
conferred upon the said recorder. 

§ 12. The said recorder shall, for like offences, be sub- 
ject to the penalties imposed upon the mayor of said city. 

§ 13. Before entering upon the duties of his office the 
said recorder shall take and subscribe the oaths prescribed by 
the constitution of this state, and shall file a bond, as is i*e- 
quired by law of justices of the peace. 

§ 14. Said recorder shall receive for his services such 
salary and fees as may, from time to time, be fixed by reso- 
lution or ordinance of said city council. 

§ 15. In case the recorder, mayor or any alderman of 
said city shall resign his office, such resignation shall be 
made in writing, and shall be addressed to the city council 
of said city. 

§ 16. The city council shall have power and authority 
to levy and collect taxes upon all property, real and personal, 
within the limits of the city, not exceeding one-half of one 
per cent, per annum upon the assessed value thei^eof, and 
may enforce the payment of the same in any manner, to be 
prescribed by ordinance, not repugnant to the constitution 
and laws of the United States' or of this state. 

§ IT. The city council shall have power to appoint a 
clerk,, attorney, collector, city surveyor and all such other 
officers as may be necessary. 

§ 18. The city council shall have power to I'equire of ail 
officers appointed or elected, in pursuance of this charter*^ 
to gire bonds with penalty and security for the faithtul per- 
formance of their respective duties, in such sums as may be 
deemed proper, and also to require all officers of said city to 
take an oath for the faithful performance of the duties of 
their respective offices, before entering upon the discharge 
of the same ; to borrow money on the credit of the city, by 
and with the consent of a majority of the voters present at 



CITIES, , 261 



an election for the purpose : Provided^ that no sum or sums 
j of money shall be borrowed at a greater interest than ten 
I per cent, per annum ; nor shall the interest on the aggre- 
''\ gate of all the sums borrowed and outstanding ever exceed 
; one-half of the city revenue arising from taxes assessed on 
;real property within the limits of the city. 

§ 19. To appropriate money and provide for the pay- 
jment of the debts and expenses of the city. 
I § 20. To make regulations to prevent the introduction 
j of contagious diseases into the city, and to enforce the same 
■ within three miles of the city. 

§ 21. To establish hosjDitals and make regulations for Hospita:s. 
the government of the same. 

§ "22. To make regulations to secure the general health 
of the inhabitants ; to declare what shall be a nuisance, and 
to prevent and remove the same. 

§ 23, To provide the city with water; to erect hydrants Waterworiss 
and pumps in the stre.ets for the convenience of the inhab- 
itants. 

§ 24. To open, alter, vacate, widen, extend, establish, 
grade, pave or otherwise improve and keej) in repair streets, 
lanes, avenues and alleys. 

§ 25. To establish, erect and repair bridges within the 
city limits. 

§ 26. To divide the city into wards, alter the boundaries Wards, 
thereof, and erect additional wards, as the occasion may re 
quire. 

§ 27. To provide for lighting the streets and erecting 
lamp posts. 

§ 28. To establish, support and regulate night watches. 

I 29. To erect market houses, estabhsh markets and 
market places, and provide for the government and regula- 
tion thereof. 

§ 30. To provide for the erection of all needful build- Public build- 
ings for the use of the city. ^^gs. 

§ 31. To provide for inclosing, improving and regulating 
all public, grounds belonging to the city. 

§ 32. To license, tax and regulate auctioneers, mer- Licenses 
chants, retailers, hawkers, peddlers, pawnbrokers and mo- 
ney changers. 

§ 33. To license, tax and regulate hackney carriages, 
wagons, carts and drays, and fix the rates to be charged for 
the carriage ol persons, and for the wagonage, cartage or 
drayage of property. 

§ 34. To license and regulate porters and fix the rate of 
portage. 

§ 35. To license or prohibit, tax and regulate theatrical 
or other shows, exhibitions and amusements. 

§ 36. To prohibit and suppress gaming, bawdy and dis- 
orderly houses. , : i : ; I : ? I 



262 CITIES. 

Fire depart- § 37. To provide for the extinguishment of fires ; to or- 

™ent. o;anize and estabHsh a fire department, with the necessary 

ofiicers, and to organize, estabUsh and equip, fire companies. 

§ 38. To regulate the fixing of chimneys and chimney 

flues. 

§ 39. To regulate the storage of gunpowder, tar, pitch, 

rosin and other combustible materials. 

§ 40. Tq regulate and order parapet walle and partition 

fences. 

Standard ^ H- To establish stands, [standard] weights and mea- 

weights and gures, to be used in the city, in all cases not otherwise pro- 
measures. • 1 1 (> 1 1 -'• 
\^ded lor by law. 

§ 42. To provide for the inspection and measurement of 
lumber and other building [material,] and for the measure- 
inent ol all mechanical work. 

§ 43. To provide for the inspection and weighing of hay 
and stonecoal, the measuring of charcoal^ fire-wood and 
other fuel to be sold or used in the city. 

§ 44. To provide for and regulate the inspection of beef, 
pork, flour, meal and grain. 

§ 45. To regulate the inspection of butter, lard^ cheese 
and other provisions. 

§ 46. To regulate the weight, quality and price of bread 
to be sold aad used in the city. 

§ 47. To regulate the size of bricks to be sold or used in 
the city. 
Census. § 48, To provide for taking enumerations of the inhabit- 

ants of the city. 

§ 49, To regulate the election of city officers, and to 
provide for removing from office any person holding an 
office created by ordinance. 
Animals. § 50. To restrain, regulate and prohibit the running at 

large of any hogs, cattle, sheep, swine goats or other ani- 
mals, and to authorize the distraining, impounding and sale 
of the same, and to prevent any indecent exhibition of horses 
or other animals within the city limits. 
Dogs. § §1. To prevent and regulate the running at large of 

dogs, and to authorize the destruction of the same, when at 
large contrary to ordinance. 

§ 52. To prohibit any indecent public exposure of person 
in the city limits, and to punish the sanie. 
Riding. § 53. To prevent horse racing or any immoderate riding 

or driving within the city limits of horses^ oxen or any other 
animals, and to punish the same. To prohibit and punish 
any person for the abuse of any horse^ mule, ox or any other 
animal within the city limits. 
Breaches of the § ^4. To prevent and punish all breaches of the peace, 
peace. and all disturbance of the public quiet, by loud and unusual 

noises, shooting, or by any other mode, within the citj 
limits. 



CITIES. 2:63 

§ 55. To prevent and punish all noise, disturbance, Disturbance, 
amusement or labor on the Sabbath, usually called Sunday, 
within the city limits. 

, § 56. To prevent and punish any and all persons who indecency. 
shall use any vulgar or profane language, or who shall 
circulate or have in their possession, any profane, vulgar or 
obscene paper or pictures, either written or printed, within 
the city limits. 

§ 57. To suppress and prohibit all groceries, disorderly 
houses, houses of ill fame, and to suppress and prohibit 
every species of gambling and other fraudulent abuses, and 
all billiard tables, ball alleys, beer shops and gaming and 
other immoral estabhshments of every kind, description and 
character within the city limits. 

§ 58. To hcense or suppress and prohibit the selhng or Liquors. 
bartering, exchanging or giving away of wines, gin, rum, ^ 
brandy, beer, whisky, or any other intoxicating liquor or' 
beverage, within the city Emits: Provided^ that the city 
council may permit druggists to sell the same in good faith, 
for mechanical, medicinal or sacramental purposes, upon 
executing bond to the said council in such sum as they may 
direct, and taking such oath for the faithful and impartial 
discharge of their duties as herein prescribed^ as may be 
required by said council. 

§ 59. To lay a tax on all the real and personal estate in gchooi tax, 
said city, if the sajne be necessary, to aid in building school 
houses, paying the teachers, furnishing libraries for schools 
in the city, and such other purposes as may from time to 
time be requisite for keeping in constant and healthy opera- 
tion a sufficient number of common schools and school 
^f houses, for the comfortable and efficient instruction of each 
and every child within the limits of said city; such tax, 
when collected, to be paid to the board of school inspe^ctors 
of said city. 

§ 60. To regulate the police of the city, to inapose fines, p^jj^g 
forfeitures and penalties for the breach of any ordinance, 
and to provide for the recovery and appropriation of such 
lines and forfeitures, and the enforcement of such penalties. 
§ 61. To fix the compensation of all city officers, and 
regulate the fees of witnesses, jurors and others^ for services 
rendered under this act, or any ordinance. 

§ 62. The city council shall have power to levy and Compensation, 
collect a tax on all the real and personal property within 
the city limits, not exceeding one-fourth of one per cent., for 
the purpose of repairing th,e streets and roads within the 
limits of the incorporation^ if the same as in their judgment 
shall be necessary. 

§ 63. All moneys collected under and by authority of street tax. 
any city ordinance, shall be deemed and taken to belong to 
said city, and shall be disposed of by the city council, under 



264: CITEES.' 

the ordinances of said city, for the general use and benefit 
of the inhabitants thereof. 

Bridewell. § 6J:. The citj council shall have power to provide for 

the erection of a bridewell and city jail, and all other build- 
ings which they shall deem useful and proper for the use of 
the city. 

§ 65. The city council shall have full power to make all 
ordinances which shall be necessary and proj^er for carrying 
into execution the powers specified in this act. 

Style of ordi- § QQ. The Style of the city ordinances shall be, "i?6 it 
nances. oTclaiiied ly the Mayor and Common Council of the City of 

Spa'ptay 

Pubiicatioa of § 67. All Ordinances passed by the city council shall, 

ordinances, ^yithiu twcuty davs after they shall have been passed, be 
published in the newspaper published in the city having 
the largest circulation, and shall not be in force until they 
have been published as aforesaid. 

§ 68. All ordinances of the city may be proven by the 
seal of the corporation, and when printed or published in 
book or pamphlet form, by authority of the corporation, the 
same shall be received in evidence in all com-ts and places, 
without fmther proof. 

Article VI. — Of the Mayor. 

§ 1. The mayor shall preside at all meetings of the city 
council, and shall have a casting vote, and no other. In 
case of nonattendaiice of the mayor at any meeting the 
board of aldermen shall appoint one of their own members 
chairman, who shall preside at that meeting. 

§ 2. The mayor or any two aldermen may call special 
meetings of the city council. 
p P , - S3. The mayor shaU at all times be active and vigilant 

Enrorcement 01 , " , . , ^ t t x» i j. l- 

laws. m enlorcm'g the laws and ordmances tor tne government oi 

the city; he shall inspect the conduct of all subordinate 
oflicers of said city, and cause negligence and positive 
violation of duty to be prosecuted and pimished ; he shall, 
from time to time, communicate to the aldermen such infor- 
mation and recommend all such measures as in his opinion 
may tend to. the improvement of the finances, the police, 
the health, security, comfort and ornament of the city. 

§ 4. He is hereby authorized to call on every male 
inhabitant of said city, over the age of eighteen years, to 
aid in entbrcing the laws and ordinances, and in case of riot 
to call out the militia, to aid in suppressing the same or 
carrying into eflect any law or ordinance ; and any j^erson 
who shall not obey such call shall forfeit to the said city a 
fine not exceeding ten doUars. 

§ 5. He shalt have power, whenever he may deem it 
necessary, to require of any officer of the said city an exhibit 
of his books and papers. 



CITIES. 



265 



§ 6. He shall have power to execute all acts that may 
be required of him by any ordinance made in pursuance of 
this act. 

§ 7. He shall be commissioned by the governor as a Mayor c^mmis- 
jnstice of the peace for said city, and as such shall be a go^yerao^/ ^^^ 
conservator of the peace in said city, and shall have power 
and authority to administer oaths, issue writs and processes, 
under the seal of the city, to take depositions, the acknow- 
ledgment of deeds, mortgages and all other instruments of 
writing, and certify the same, under the seal of the city; 
which shall be good and valid in law. 

§ 8. He shall have jurisdiction in all cases arising under Junsdictionv 
the ordinances of the city, and concurrent jurisdiction with 
all other justices of the peace in all civil and criminal cases 
within the county of Kandolph, arising under the laws of 
this state, and shall receive the same fees and compensation 
for his services as justices of the peace receive in similar 
cases. 

§ 9. He shall also have such jurisdiction as may be 
vested in him by ordinance of the city in and over all places 
within three miles of the boundaries of the city, for the 
purpose of enforcing the health ordinances and regulations 
thereof. 

§ 10. He shall receive for his ser^dces such salary as 
shall be fixed by ordinance of the city. 

§ 11. In case the mayor shall at any time be guilty of a The neglect ©f 
palpable omission of duty or shall willfully and corruptly be " ^' 
guilty of oppression, malconduct or partiality in discharge of 
the duties of his ofhce, he shall be liable to be indicted in the 
circuit court of Kandolph county, and, on conviction, he 
shall be lined not more than five hundred dollars ; and the 
court shall have power, on the recommendation of the jury, 
.to add to the judgment of the court that he be removed 
from office. 

Aeticle YII — Of Proceedings in Special Cases. 

§ 1. "When it shall be necessary to take private property The selz-ure of 
for opening, widening or altering any public street, lane, ^^^^f^ ^^^' 
avenue or alley, the city council shall make a just compen- 
sation therefor to the person whose property is taken, and 
if the amount of such compensation therefor to the person 
whose property is so taken cannot be agreed upon the mayor 
shall cause the same to be ascertained by a jury of six 
disinterested freeholders of the city. 

§ 2. AYhen the owners of all the property on a street. Opening^ the 
lane, avenue or alley, proposed to be opened, widened or ^ s, . 
altered, shall petition therefor, the city council may open, 
widen or alter such street, lane, avenue or alley, upon 
condition, to be prescribed by ordinance ; but no compensa- 
tion in such case shall be made to those whose property 

Xt 



266 CITIES. 

shall be taken for the opening, widening or altering sncli 
street, lane, avenue or alley, nor shall there be any assess* 
ment of benefits or damages that may accrue thereby to 
any of the petitioners. 

Damages to be § 3. All jurors empannelcd to inquire into the amount 
ussesged. of benefits or damages which shall happen to the owners of 
property proposed to be taken for opening, widening or 
altering any street, lane or alley, shall first be sworn to'that 
eflect, and shall return to the mayor their inquesti i^ writing, 
and signed by each juror, 

§ 4. In ascertaining the amount of compensation for 
property taken- for opening or widening or altering any 
street, lane, avenue or alley, the jury shall take into consid- 
eration the benefit as well as the injury happening by such 
opening, widening or altering such street, lane, avenue or 
alley. 

§ 5, The mayor shall have power, for good cause shown, 
within ten days after any inquest shall have been returned 
to him as aforesaid, to set the same aside and cause a new 
inquest to be made. 

Special tax. § 6- The city council shall have power, by ordinance, to 

levy and collect a special tax on the holders of the lots in 
any street, lane, avenue or alley, or part of any lane, avenue 
or alley, according to their respective fronts, owned by them, 
for the purpose of paving and grading the side-walks and 
lighting said street, lane, avenue or alley. 

Article Ylll—3fisceUaneous Provisions. 

Working of the § 1. The inhabitants of the city of Sparta are hereby 
roads. exempted from working on any road beyond the limits of 

the city, and from paying any tax to procure laborers to 
work on the same : Provided., that the city council may cause 
one-fourth of the labor tax to be laid out on roads leading 
into said city, from either side thereof, and may expend a 
portion of the city tax upon the same, not to exceed one- 
fourth of the amount annually assessed. 

improvemeut § 2. The city council shall have power, for the purpose 
of streets, &c. Qf keeping the streets, lanes, avenues and alleys in repair, 
to require every male inhabitant of said city, over twenty- 
one years of age, to labor on said streets, lanes, avenues 
and alleys, not exceeding four days in each and every year ; 
and any person failing to perform such labor, when duly 
notified by the street commissioner, shall forfeit and pay the 
sum of one dollar per day for each day so neglected or 
refused. 

§ 3, The city council shall have power to provide for 
the punishment of ofiJ'enders, by imprisonment in the county 
jail, in all cases where such ofi'enders shall fail or refuse 
to pay the fines and forfeitures which may be recovered 
asjainst them. 



CITIES. 267 

§ 4. The city council shall cause to be published, annn- Published. 

ally, a full aud complete statement of all moneys received 

. ancl expended by the city during the preceding year, and 

; on what account received and expended, which statement 

shall be published in the newspaper printed and published 

in said city, having the largest circulation therein. 

§ 5. All ordinances and resolutions passed by the trus- Ordinances, &c 
tees of the town of Sparta shall remain in force until the 
same shall have been repealed by the city council hereby 
created. 

§ 6. All suits, actions and prosecutions instituted, com- Suits, 
menced or brought by the corporation hereby created, shall 
be instituted, commenced and prosecuted in the name of 
"The City of Sparta." 

§ 7. All actions, fines, penalties and forfeitures which 
have accrued to the trustees of the town of Sparta shall be 
vested in and prosecuted by the corporation hereby created. 

§ 8. All property, real and personal, heretofore belono-- Property of the 
ing to the trustees of the town of Sparta, for the use of the {^"'^ °^ ^p'"'*- 
inhabitants of said town, shall be and the same is hereby 
declared to be vested in the corporation hereby created. 

§ 9. This charter shall not invalidate any act done by Acts of presi- 
the president and trustees of the town of Sparta, nor divest ^^^' ti""stees, 
them of any rights which may have accrued to them prior 
to the passage of this act. 

§ 10. The trustees of the town of Sparta shall, immedi- To^promuigate 
ately after the passage of this act, take measm-es to promul- 
gate this law within the limits of the city of Sparta, and 
issue their proclamation for the election of officers, and 
cause the same to be published in all the newspapers of said 
city, for two weeks in succession, prior to the day of election 
for said officers. 

§ 11. Appeals shall be allowed from decisions in all Appeals, 
cases arising under the provisions of this act or any ordinance 
passed in pursuance thereof, to the circuit court of Randolph 
county; and every such appeal shall be taken and granted 
in like manner and with like effect as appeals are taken from 
and granted by justices of the peace to the circuit court, 
under the laws oi this state. 

§ 12. Whenever the mayor shall absent himself from Vacancy in the 
the city, or shall resign or die, or his office be otherwise ^yl,.^^ *^® 
vacated, the board of aldermen shall proceed immediately 
to elect one of their number president, who shall be mayor 
^0 tern. 

§ 13. This act is hereby declared to be a public act, and Public act. 
may be read in evidence in all courts of law and equity in 
this state without proof. 

§ 14:. All acts or parts of acts coming within the provis- 
ions of this charter, or contrary to or in any way inconsist- 
ent therewith, are hereby repealed. 



CITIES. 



§ 15. The city marshal or any other person or persons 
authorized to execute writs or other process issued by the 
mayor or recorder, shall have power to execute the same 
anywhere within the limits of the county of Kandolph, and 
shall be allowed the same fees for traveling as are now by 
law allowed to sheriffs for the same or similar services. 

§ 16. The common council of said city shall have no 
power to remit any fine imposed upon any person for the 
violation of any ordinance or law of said city, unless two- 
thirds of all the aldermen authorized to be elected by this 
act shall vote such remission ; nor shall anything in this act 
contained be so construed as to oust any court of jurisdiction 
to abate and remove nuisances in the streets, or any part of 
said city, by indictment or otherwise. 

§ 17. iSTo vote of the common council shall be reconsid- 
ered or rescinded at any special meeting of said council, unless 
at such special meeting there be present as large a number 
of the aldermen as were present when such vote was taken. 
X,ien. § 18. Every assessment or tax levied or assessed by the 

common council, the collection of which shall be delayed by 
injunction or other judicial proceedings shall be a lien upon 
the property or premises so assessed for the period of one 
year after the final disposition of the injunction or other 
judicial proceeding, unless such injunction shall be sustained. 
Secondly, if at any sale of real or personal property for 
taxes or assessments levied or assessed by the common 
council, in virtue of any of its corporate powers, no bids 
shall be made for any parcel of land or for any goods and 
chattels, the same shall be struck off* to the city, and there- 
upon the city shall receive, in their corporate name, a certifi- 
cate of the sale thereof, and shall be vested with the same 
rights as other purchasers under the revenue laws of this 
state at such sales. 

§ 19. In all prosecutions for violations of any ordinance 
of said city, the first process shall be a summons, unless 
oath or afiirmation be made by some ofiicer of said city or 
other person for a warrant, as in other cases before a justice 
of the peace ; secondly, in all suits for the violation of ordi- 
nances of said city, the writ shall specify the particular clause 
of the ordinance so alleged to have been violated. 
Election. § 20. Tliis charter shall be submitted to a vote of the 

legal voters of Sparta on the first Monday of April, A. D. 
1859, and if a majority of the votes cast at said election 
shall be given "For the City Charter," this act of incorpora- 
tion shall be in full force and eftect; but it a majority of 
the votes cast shall be "Against the City Charter," then 
this act of incorporation shall not take eflectnor be in force. 
Appkoved February 2-1, 1859. 



CITIES. 



269 



AX ACT to amend the charter of the city of Springfield. In force Febru- 

•^ ^ ary 18, 1859. 

Sectiox 1. Be it enacted hj the People of the State of 
Illinois^ represented in the General AsseniUy^ That the cor- 
porate Kmits of the city of Springfield, shall be, and are Extension, 
hereby so extended as to embrace and include within said 
city, and subject to its jurisdiction, and to its charter and 
ordinances, the following additional lands and territory, to 
wit: The northeast quarter of the northwest quarter, and 
the north half of the northeast quarter of section number 
twenty-eight (28), the north half of the northwest quarter, 
and the north half of the northeast quarter of section num- 
ber twenty-seven (27), and the northwest quarter of the 
northwest quarter of section number twenty-six (26), all in 
township number sixteen (16) north, of range number five 
(5) west of the third principal meridian. 

§ 2. Section two, of article two, of the charter of said Amendments, 
city, is hereby so amended that the mayor, the city clerk, 
the city attorney, the city marshal, the city assessor and col- 
lector, the city treasurer and city supervisor, shall be elected 
by the qualified voters of said city at the annual charter 
election to be held on the fii'st Tuesday of April in each 
year. There shall also be elected at the same time in each 
ward, by the qualified voters thereof, one alderman to repre- 
sent such ward in the city council. AU ofiicers elected or 
appointed under said charter, except aldermen, shall hold 
their ofiices for one year, and until the election or appomt- 
ment and qualification of their successors respectively. AU 
other ofiicers mentioned in said charter, and not otherwise 
specially provided for, shall be appointed by the city councU 
by ballot, on the second Monday in April in each year, or 
as soon thereafter as may be. 13ut the city council may 
specially authorize the appointment of watchmen and police- 
men by the mayor, to continue in ofiice during the pleasure 
of the city councU, and subject to removal from ofiice by the 
mayor for good cause. All ofiicers elected or appointed to 
fill vacancies shall hold for the unexpired term only and 
until the election or appointment and qualification of their 
successors. 

§ 3. Section six, of article four, of the charter of said 
city shall be so amended that the mayor of said city shall 
receive such salary as may be provided by ordinance, not 
exceeding one thousand dollars per annum. 

§ 4. Section thirteen (13), of article four (4), of the char- 
ter of said city is hereby so amended that the city marshal 
or pofice constables shall not serve and execute ci^^il process, 
other than for the city, without the consent of the city coun- 
cil of said city; and^the city council of said city shall not 
give such consent to the detriment of the mterests of the 
city. 



270 CITIES. 

Additional § 5. Tliat in addition to the powers conferred by tlie 

powers. cliarter of said city, the city council shall have power, with- 

in the jurisdiction of said city, by ordinance — 

First. — To regulate agencies of all insurance companies, 
and to license, tax and regulate agents of all such insurance 
companies doing business in said city. 

Second. — To suppress, restrain, abate or prohibit within 
said city, and within two miles of the limits thereof, disor- 
derly houses, tippling shops and groceries, bawdy houses, 
houses of ill-fame, gambhng houses, and all riotous and dis- 
orderly assemblages. 

Third. — To suppress and punish vagrancy, to define what 
acts shall constitute vagrancy and who shall be deemed 
vao:rants. 

Fourth. — To regulate all cemeteries or burying grounds 
vrithin two miles of the city, and to punish by fines, penal- 
ties or imprisonment all persons who shall trespass upon or 
desecrate the same, or violate the provisions of any ordinance 
in relation thereto, in the same manner as if the oflence were 
committed within the city. 
Collection of § 6. That in addition to the provisions of section eleven, 
assessments, ^f article seven, of the charter of said city, when the com- 
missioners appointed for assessing the damages and benefits 
for making, opening, widening, straightening or altering any 
street, alley or highway, or public ground or square, shall 
have reported their assessment of damages and benefits to 
the city council, and the city council shall have approved 
the same, such assessment may at any time thereafter be 
collected of the owner of the lot, land or j^remises against 
which the same is assessed, and recovered by suit in the 
name of the city, before any court havdng jurisdiction, or 
the city council may, by the passage of an ordinance or re- 
solution, to be entered at full upon the journal by the city 
clerk, levy and assess the amount of such assessment against 
the land, lot or premises against which the same is assessed 
by the commissioners, and direct that a warrant issue for the 
collection of the same; and such warrant shall be collected 
by the sale of the land, lots or premises against which such 
assessments are made, in the manner provided in the ninth 
article of said city charter, for the collection of taxes and 
assessments; and such assessments shall be a lien in the 
manner provided in the fourth section of said article. The 
ordinance or resolution of the city council levying such 
assessment shall contain a correct Kst and description of the 
lands, lots or premises, with the name of the owner thereof, 
if known, and with the amount assessed against each tract 
of land, lot or premises, set opposite thereto. 
Conveyance. § 7. The Commissioners appointed to assess the damages 

for making, opening, widening, straightening or altering any 
street, alley or highway, or public ground or square, when 
all the proceedings shall have been completed, and the dam- 



CITIES. 2Y1 

ages paid or tendered to tlie owners of the land taken, in the 
manner reqnired by law, shall, by deed, convey to the city 
the lands, lots or real estate so taken; and snch deed shall 
vest snch lands and real estate in the city for the nse of the 
public, and shall be conclusive evidence that all proceedings 
were in conformity with the charter and ordinances of said 
city. 

§ 8. The city council of said city may cause the resur- Resurvey. 
vey ot said city, or of any addition thereto, and may correct 
any errors which may be found in the original surveys of 
the same ; and may cause all lands and real estate within the 
city to be surveyed and correctly described by metes and 
bounds, or otherwise, or designated by numbers, so as to be 
properly assessed for taxation ; and may regulate the renum- 
bering of the blocks and lots of the city, and the numbering 
of the lots, blocks or lands not already numbered, or which 
may hereatter be laid out or subdivided, and may cause maps 
or plats of such lands, blocks or lots, to be made and record- 
ed; and the number or other designation of such lands, lots 
or blocks, ujDon such maps or plat shall be a good and valid 
description thereof in all conveyances, assessment or tax lists, 
or other proceedings. 

§ 6. The city council shall have power to adopt a plan Additions, 
for the laying out and platting of all additions which may 
be made to the city, or of subdivisions of lands lying within 
the city, or within one-half mile of the limits thereof, so as 
to establish regularity and uniformity in the streets and high- 
ways of the city and vicinity, and to require that all addi- 
tions and subdivisions which may be so laid out or platted, 
shall conform to such plan. And no map or plat of any 
addition to said city, or of any subdivision of lands lying 
within the same, or within one-half mile of the limits thereof, 
shall be entitled to record, or shall be recorded in the office 
of the recorder of Sangamon county, until the same shall 
have been approved by the city council of said city; and all 
such additions or subdivisions shall be null and void, unless 
a correct plat or map thereof shall be approved by the city 
council of said city t3efore the same is filed for record. 

§ 10. The city of Springfield shall not be liable for any Damages, 
damages or injury arising from the bad condition of the 
streets, alleys or highways of the city, by reason of the neg- 
lect of the proper officer of said city to repair the same, until 
the supervisor of said city shall have been notified thereof, 
and shall have failed to repair the same within a reasonable 
time after such notice. 

§ 11. When the ordinances of said city shall be printed Ordinances, 
and published in book or pamphlet form, and such book or 
pamphlet purports by its title to be published by authority 
of the city council of said city, the same shall be received as 
jprima facie evidence of the due passage, publication and 
promulgation of said ordinances, in all courts and places. 



272 



CITIES. 



County 
mie. 



>- § 12. The county court of Sangamon county sliall cause 
an accurate account to be kept of all expenditures made for 
county purposes, and shall charge all expenditures made for 
county purposes (excepting for the making and repairing of 
roads and highways, and the building and repairing" of 
bridges in said county, without said city,) rateably to said 
county and to the city of Springfield, in proportion to the 
taxes collected for county purposes within said city and in 
the county without said city and paid into the county trea- 
sury by each respectively. And the surplus of all taxes 
which may be collected for county purposes, after making 
the charges to the city and county in the manner herein re- 
quired, shall be di^dded between the said city and the said 
county in proportion to the amount of taxes collected for 
county purposes within said city and in the county without 
said city, and paid into the county treasury by each respec- 
tively. And the county judge of said county and the mayor 
of the city of Springfield, shall ascertain the proportion of 
taxes to be paid to the city of Springfield undei- the require- 
ments of this section, and as soon thereafter as the county 
taxes shall be paid into the county treasury, the treasurer ot 
said county shall pay to the treasurer of the city of Spring- 
field, a sum equal to three-fourths of the proportion of said 
taxes to which the said city may be entitled under the pro- 
visions of this section; and the same shall be exclusively 
expended by said city in improving and repairing the streets, 
alleys and highways, and in building and repairing the 
bridges within the city. 

§ 13. The city council of said city shall have power to 
lay out and open an avenue or highway to the width of 
eighty feet along the corporation line around said city; and 
such avenue or highway shall be so laid out and opened that 
the corporation line shall be the centre line thereof; and if 
the amount of compensation to be paid to the owners of the 
real estate which may be taken and appropriated for the lay- 
ing out and opening of such avenue or highway cannot be 
agreed upon, the city council shall cause the damages arising 
from the laying out and opening of such avenue or highway 
to be assessed against the real estate witliin and without said 
city, v^diich may be benefitted by the laying out and opening 
of such avenue or highway, in the same manner in all re- 
spects as is prescribed in the seventh article of the charter 
of said city, and in the sixth and seventh sections of this 
act, for assessments for laying out and opening streets, 
avenues and highways witliin the city; and such assessments 
may be collected in the same manner in all respects as assess- 
ments for laying out and opening streets, avenues and high- 
ways wdtliin the city, and shall be a lien upon the real estate 
against which they may be made in like manner. 

§ 14. Lots number five (5), six (6), and the south half of 
lot numbered four (4), of the subdivision of the east half of 



CITIES. 273 

the northeast quarter of section number twenty-one (21), in 
township number sixteen (16) north, of range number five (5), 
west of the third principal meridian, containing twenty-eight 
and fom- sevenths (28 4-7) acres, and purchased by said city 
for cemetery purposes, is hereby established and set apart 
for the burial of the dead, and shall be known as Oakridge 
Cemetery. 

§ 15. The city council of said city shall cause the grounds 
of said cemetery to be subdivided and laid out into such di- 
visions, blocks, squares or lots, with suitable avenues, walks 
and alleys, designated or numbered in such manner as may 
be deemed expedient, and shall cause a correct map or plat 
thereof to be made out and acknowledged by the mayor and 
city clerk of said city, under the corporate seal thereof, and 
filed and carefully preserved in the ofiice of the city clerk, 
and a true copy thereof shall be entered and recorded in the 
records of said cemetery in his office ; and the entry of the 
said map or plat uj)on the records of said cemetery in the 
office of the city clerk, shall be sufficient without further re- 
cord thereof; and aU sales, conveyances or transfers of lots 
in said cemetery, by reference to said map or plat, shall be 
good and valid. 

§ 16. The conveyance or transfer of lots in said cemetery conveyance of 
from the city to purchasers, may be by deed or certificate in lots. 
such form as the city council may prescribe, signed by the 
mayor and city clerk, under the corporate seal, without ac- 
knowledgment ; and such deed or certificate shall A'est the 
title to the lot so conveyed or transferred in the purchaser, 
his heirs and assigns, mfee simjyle^ for burial purposes only, 
subject to such reasonable conditions, rules and regulations 
as the city council of said city may prescribe. The convey- 
ance and transfer of lots in said cemetery, from one pur- 
chaser to another, may be by surrender of the original deed 
or certificate to the city clerk, and the city clerk, upon such 
surrender being made, shall make out and execute a new 
deed or certificate to the assignee ; and such deed or certifi- 
cate shall vest the title of the lot so conveyed or transferred 
in the grantee, in the same manner as the same was vested 
in the original j^urchaser. But the city council may, in its 
discretion, prescribe the manner and form of conveying and 
transferring lots in said cemetery. 

§ 17. The city clerk shall keep a cemetery record, in such ^^^^J*^^^ ^®' 
manner as the city council shall prescribe, in which he shall 
enter an abstract of all sales of lots in the cemetery, sjDeci- 
fying the number of the lot sold or transferred, the name ot 
the purchaser or assignee, the amount paid, and the date of 
the deed or certificate of sale or transfer. 

§ 18. ]^o lot in said cemetery shall be so sold, conveyed Title in sever- 
or transferred, as to be owned in severalty by two or more ^'^^• 
persons; but any lot may be owned by two or more persons 
as tenants in common. And neither the city nor owners of 
— S 



274 



crrrES. 



Records 
cemeteiy. 



Additional 
rules. 



Town branch. 



Survey. 



lots in said cemeteiy shall convey, transfer, appropriate or 
iise, any lot or other part of said cemetery grounds for other 
than cemetery and burial purposes ; except that a portion of 
said grounds, not exceeding three acres, may be appropri- 
ated for the use of the city sexton residing at the cemetery. 

§ 19. H^o public road or highway shall be located or laid 
out through, over or upon said cemetery grounds ; nor shall 
any part of said grounds be taken or condemned for any 
public use or purpose whatever, other than cemetery and 
burial purposes, 
of § 20. The records of said cemetery, kept in the office of 
the city clerk, shall be evidence of the facts therein stated 
in all courts and places. 

§ 21. The city council may, by ordinance, prescribe such 
additional rules and regulations concerning said cemetery as 
may be deemed expedient. 

§ 22. The city council of said city shall have power to 
sewer the water course known as the town branch in said 
city, and for that purpose may alter, change and straighten 
the channel of the same ; and said city, by its officers or 
agents, shall have power, for the purpose of laying out or 
constructing such sewer, to enter upon any real estate owned 
by any private persons, through or adjoining which such 
sewer may be laid out and constructed, and may deposit 
and keep materials thereon for such purpose, in such man- 
ner as not unnecessarily to obstnict or incommode the use 
of such real estate by the owner thereof. 

§ 23. Before proceeding to construct such sewer, the city 
council shall cause a survey of said town branch to be made, 
and a plat to be made out and recorded in the office of the 
city clerk, showing the line of such proposed sewer, and the 
lands, lots or real estate through or adjoining which the 
same will run, and if the amount of the damages or benefits 
arising from the construction of such sewer through or ad- 
joining such lands, lots or real estate, can not be agreed 
upon, the city council shall cause the damages to such real 
estate, arising from the construction of such sewer through 
or adjoining the same, and the costs and expenses of the 
construction of such sewer, to be assessed against the lots 
and real estate through or adjoining which said sewer may 
run, which may be benefitted thereby; and for the purpose 
of ascertaining such damages and benefits, the city council 
shall, by a vote of a majority of all the members elected, 
choose, by ballot, three disinterested freeholders and resi- 
dents of the city as commissioners to ascertain and assess 
the damages and compensation to be paid to the owners of 
th« lots and real estate through or adjoining which such 
sewer may be constructed, and caused by the construction of 
such sewer, and at the same time to determine what lots or 
real estate will be benefitted by the construction of such 
sewer through or adjoining the same, and assess the dam- 



CITIES. 275 

ages caused by the construction of sncli sewer, and the costs 
of constructing and building the same, against the lots and 
real estate benelitted therebj, as near as may be, to the 
benefits resulting to each lot or tract. 

§ 24. The commissioners, before entering upon the dis- Oath of com- 
charge of their duties, shall take and subscribe an oath be- ™issioners. 
fore some officer authorized by law to administer the same, 
that they will faithfully and impartially perform and dis- 
charge their duties to the best of their skill and ability ; 
and before proceeding to make their assessments, shall give 
at least ten days' notice to all owners of lots or real estate 
through or adjoining which such sewer may run, of the time 
and place of their meeting for the purpose of viewing such 
lots or real estate and making their assessments. Such no- 
tice shall be given personally, where the owners of the lots 
and real estate are residents of the city and known, and by 
publication in the newspaper publishing the ordinances of 
the city, where such owners are non-residents of the city or 
unknown. 

§ 25. The commissioners, upon the day appointed for view. 
making their assessments, shall meet at the time and place 
appointed, and shall proceed to view the lots or real estate 
through or adjoining which such sewer may rmi, and may, 
in their discretion, receive any legal evidence which may be 
adduced in relation thereto, and may, if necessary, adjourn 
from day to day ; and, having ascertained the damages and 
benefits to the lots and real estate through or adjoining 
which such sewer may run, arising from the construction of 
such sewer, the commissioners shall apportion and assess 
the damages, together with the costs and expenses of the 
construction of such sewer against the lots and real estate- 
by them deemed benefitted by the construction of such 
sewer through or adjoining the same, in proportion, as near 
as may be, to the benefits resulting from such improvement 
to each lot or tract. When the commissioners shall have 
completed and re\dsed their assessments, they shall sign and 
return the same to thQ city council without delay. 

§ 26. When the commissioners shall have returned their Return. 
assessment to the city council, the city clerk shall give ten 
days' notice, by publication in the newsj)aper publishing the 
ordinances of the city, stating that such assessment has been 
returned to the city council, and will be confirmed by the 
city council on a day to be specified in such notice, unless 
objections are made thereto by some person interested in 
the same. The city council shall hear such objections as 
may be oflered, and the hearing thereof may, if necessary, 
be adjourned from day to day. The city council may con- Confirmation, 
firm or annul the assessments, or refer them back to the 
commissioners for correction, amendment or othervrise. If 
the assessments shall be annulled, all the proceedings shall 
be void; if confirmed, an order of confirmation and ap- 



276 



CITIES. 



proval sliall be entered. If tlie assessments sliali be referred 
back to the same or other commissioners, to make the assess- 
ments anew, they shall proceed to give the same notices and 
make their assessments and return the same in the same 
manner, in all respects, as is herein required in relation to 
the first assessment; and all parties interested shall have 
the same rights, and the city council shall perform the same 
duties and have the same powers in relation to any subse- 
quent assessment, as are herein prescribed in relation to the 

fij'St. 

Collection. § 27. When the assessments of the commissioners shall 

have been finally coniii-med and approved by the city coun- 
cil, the city council may, by the passage of an ordinance or 
resolution, to be entered at full upon the journals by the 
city clerk, levy and assess the amount of such assessments 
against the lots and real estate upon which the same is as- 
sessed by the commissioners, and direct that a warrant issue 
for the collection of the same ; and such warrant may be 
collected by sale of the lots or real estate against which 
said assessments are made, in the manner provided in the 
ninth (9th) article of the charter of said city, for the collec- 
tion of taxes and assessments, and such assessments shall 
be a lien in the manner provided in the fourth section of 
said article. Such assessment may also, at any time after 
the approval and confirmation thereof, be collected of the 
owner of the lot or real estate against which the same is as- 
sessed, and recovered hj suit in the name of the city, before 
any court having jurisdiction. The ordinance or resolution 
of the city council levying such assessments shall contain a 
correct list and description of the lots and real estate, with 
the name of the owner thereof, if known, and with the 
amount assessed against each tract, lot or premises set oppo- 
site thereto, 
of § 2S. The city council may remove the commissioners 
appointed under this act, and, from time to time, appoint 
others in place of such as may be removed, or neglect, or 
refuse, or are unable from any cause- to serve. 

Appeal. § 29. Any person interested may appeal from the final 

order of the city council confirming and approving such as- 
sessment, to the circuit com-t of Sangamon county, t3y notice 
in writing to the mayor of said city, at any time before the 
expiration of twenty days after the passage of such final 
order. In case of appeal, the city council shall cause a re- 
tm'n to be made to such court within thirty days after 
notice of such appeal ; and the court shall, at the next term 
after the return may be filed in the office of the clerk there- 
of, hear and determine such appeal, and confirm or annul 

Trial. the proceedings. Upon the trial of the appeal, all questions 

involved in said proceedings, including the amount of dam- 
ages and benefits, sliall be open to investigation hy afiidavit 
or oral testimony adduced to the court ; and upon applica- 



Removal 
comniission'rs 



iJiTiEs. 277 

tion of the city, or any other party, the amount of damages 
and benefits may be assessed by a jury in said court, with- 
out formal pleadings, and judgment rendered accordingly. 

§ 30. When any known owner of any lot or real estate, infants, &c. 
or other j)erson having an interest in the same, residing in 
said city or elsewhere, shall be an infant or lunatic, and any 
proceedings shall be had under this act, the judge of the 
county court of Sangamon county may, upon application of 
the city council of said city, or of such infant, or of the next 
friend of such infant or lunatic, appoint a guardian or con- 
servator for such infant or lunatic, taking security from such 
guardian or conservator for the faithful execution of such 
trust, and all notices and process. required by this act shall 
be served upon such guardian or conservator. 

§ 31. For defraying the remainder of the costs and ex- Special tax. 
penses of such sewer along said town branch, after the j^ay- 
ment of the special assessments levied upon the lots and 
real estate benefitted thereby, in the manner herein re- 
quired, the city council of said city shall levy a special tax 
in the manner prescribed in the second and third sections of 
article eight of the charter of said city, upon all the real 
estate which may be situated and embraced in such sewer- 
age district as may be established by said city council. But 
the city council of said city may defrav a portion of the 
costs of the construction of such sewer, not exceeding one- 
third of such costs, from the general revenues of the city. 

§ 32. When any other sewer or drain in said city shall Sewers. 
be laid out or constructed through or adjoining any real es- 
tate belonging to private persons, and the amount of the 
damages and benefits arising from the construction of such 
sewer or drain through or adjoining such lots and real es- 
tate can not be agreed upon, the city council shall cause the 
damages to such real estate, arising from the construction of 
such sewer or drain through or adjoining the same, and the 
costs of the construction of such sewer or drain, to be as- 
sessed against the real estate through or adjoining which 
such sewer or drain may run, and which may be benefitted 
thereby, in the manner prescribed in the twenty-third and 
subsequent sections of this act ; and for defraying the re- 
mainder of the costs and expenses of such sewer or drain, 
after the payment of the sj^ecial assessments levied upon 
the real estate benefitted thereby, in the manner herein re- 
quired, the city council of said city shall levy a special tax 
in the manner prescribed in the second and third sections of 
article eight of the charter of said city, upon all the real 
estate situated and embraced in such sewerage district as 
may be established by said city council. 

§ 33. The city marshal and other officers authorized by Marshal. 
law to execute process issued by j^olice magistrates or other 
courts in cases arising under the charter or ordinances of 
the city, may serve and execute the same within the limits 



278 



CITIES. 



of the county of Sangamon, and may receive the same fees 
for mileage as are allowed to county constables in similar 
cases. 

Suits. § 34. In all suits, actions and proseccutions for the re- 

covery of any fine, penalty or forfeiture incurred under the 
charter or ordinances of the city, process may be issued, re- 
turnable instanter, and such process shall state substantially 
the natm^e of the offence or oftences charged, and the title of 
the ordinance and the section or sections or clause of the char- 
ter or ordinance under which the same is claimed. Such pro- 
cess may be issued upon the information of the mayor, the 
marshal or any pohce officer, in his official capacity, and 
upon information upon oath by any other person. 

Process. § 35. Police magistrates shall, upon proper information 

of any violation of any penal clause of the city cliarter, or 
of any penal ordinance of the city, issue a warrant directed 
to the city marshal, or anj poUce constable, or any other 
officer authorized to execute tlie same, commanding him to 
forthwith apprehend the offender and bring him before him 
or any other competent court ; and if, upon the trial, it shall 
appear satisfactorily to the court or jury, after hearing the 
evidence and proofs adduced in the case, that the accused 
has been guilty of the violation and offence complained of, 
such fine, penalty, forfeiture or imprisonment may be im- 
posed and adjudged against the offender as may be pre- 
scribed by the charter or ordinance. 'No process shall be 
necessary where the offender is arrested without warrant 
and brought before the court, but an entry of the cause, 
time and place of arrest shall be made upon the docket of 
the court, and trial had in the same manner as if process 
had been issued. 

City may sue. § 36. The city may sue and declare for several fines, 
penalties or forfeitures for violations of the charter or ordi- 
nances of the city, and recover judgment for as many 
offences as may be proven, not exceeding the jurisdiction of 
the court, and may prove any offence committed before the 
commencement of the suit. 

Continuances. § 37. In all suits before pohce magistrates' courts, 
arising under the charter or ordinances of the city, continu- 
ances may be granted for good cause, shown upon oath, in 
the discretion of the court ; but in such case the defendant, 
if required, shall give bail for his appearance at the trial, or 
remain in custody. 

Release. § 38. Any person in custody for the nonpayment of any 

fine, penalty or forfeiture adjudged against him, may be re- 
leased from custody by the city council, upon a vote of two- 
thirds of all the aldermen elected; but such release shall 
not discharge such person from the payment of the fine and 
the costs. 

Costs. § 39. The city shall not be Hable for costs when the de- 

fendants are acquitted, or in any other case arising under 



CITIES. 279 

Ihe charter or ordinances of tlie city, and the city council 
may provide for the payment to police magistrates and po- 
lice officers of a sum in gross, in heu of all fees and costs 
and charges against the city. 

§ dtO. The city may appeal, in all cases arising under Appeal, 
the charter and ordinances of the city, without giving secu- 
rity, and the mayor, in cases of appeals by the city, shall 
execute bond, under the coi'porate seal, without sureties, 
and a resolution or ordinance of the city council, authoriz- 
ing the same, shah be sufficient authority therefor, i^or 
shall the city in any case be required to file bond or secmi- 
ly for costs. 

§ ttl. Transcripts of judgments, rendered in cases arising Transcripts. 
under the charter or ordinances of the city, may be taken 
from the dockets of pohce magistrates and filed in the [office 
of the] clerk of the circuit court of Sangamon county, and 
shall have the same effect as transcripts of judgments from 
the dockets of justices of the peace, and executions shall be 
issued thereon and coUected in like manner. 

§ 42. The city council shall have power to prescribe the Forms, 
forms of process to be used in, and rules of practice for the 
government of police courts in the city, and to fix and reg- 
ulate the fees and compensation of jurors, witnesses and 
others, for ser\'ices rendered in all cases arising under the 
charter or ordinances of said city. 

§ 43. This act shall be deemed a public act, and may be Public act. 
read in evidence without proof, and judicial notice shall be 
taken thereof, in aU courts and places, and shah take effect 
and be in force from and after its passage. 

Appeoved February 18, 1859. 



AN ACT to amend an act entitled "An act to charter the city of Sterling," ap- In force Feb'j 
proved February 16th, 1S57. ^, 1859. 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois^ rejrresented in the General AssemUy, That the city 
council of the said city of Sterling shall have power and au- Borow money, 
thority to borrow money on the credit of said city and to 
issue bonds of said city therefor: Provided, that no sum of Proviso, 
money shall be borrowed at a greater rate of interest than 
ten per cent, per annum, nor shah, the interest on the ag- 
gregate of all the sums borrowed and outstanding ever ex- 
ceed one-haff of the city revenue arising from taxation. 

§ 2. The common council of said city of Sterhng shall. Corporation 
annually, designate a newspaper printed in said city in Ji^wspaper. 
which shall be printed all ordinances and other matters 
which, by this act or the act to which this act is amendato- 
ry, are required to be pubhshed. 



280 



CITIES. 



Jail. 



Process. 



Execution. 



Disqualifica- 
tion. 



Justices. 



Security 
costs. 



§ 3. The common council of said city sliall have power 
and they are hereby authorized to j)royide and maintain a 
city jail or lock-up for the use of said city, and shall have 
power to provide, by ordinance, for the punishment of oiiend- 
ers, by imprisonment therein in all cases where such offend- 
ers shall fail or refuse to pay the fines and forfeitures which 
may be recorded against them, as hereinafter provided. 

§ 4. In all proceedings for any violations of an 3^ ordinance, 
by-law or other regulations of said city, the first process shall 
be by summons unless oath or affirmation be made for a 
warrant as hereinafter provided. 

§ 5. In any action to be brought for the recovery of any 
penalty, incurred under this act or the act to which this is 
an amendment, or any ordinance, by-law or police regula- 
tion, made in pursuance of such acts, if oath or affirmation 
shall be made and filed with the justice having jurisdiction 
of such offences that said defendant is a nonresident of the 
county of Whiteside, or that whatever judgment may 
be obtained against such offender will be in danger of being 
lost, stating the cause of such danger, so as to satisfy the jus- 
tice that there is reason to apprehend such loss, the justice 
shall issue a warrant for the arrest of such offender, which 
warrant may be in the same form and the proceedings there- 
on conducted in the same manner and with the same effect, 
as to principal and security, as nearly as the case will admit 
of, as the warrant and proceedings provided for in section 
twenty-two and twenty-three of chapter fifty-nine of the Re- 
vised Statutes, entitled "Justices of the Peace and Constables." 

§ 6. In any action commenced by said city for the re- 
covery of any penalty, as aforesaid, execution may issue im- 
mediately on rendition of judgment against the defendant, 
which execution may require the said defendant to be im- 
prisoned in close custody in the city jail or lock-up, one day 
for each fifty cents of such judgment and costs, in case the 
said defendant do not pay or turn out property to secure 
such judgment, and in [such] case the officer having such 
execution shall forthwith arrest and imprison such offender, 
according to the mandate of such writ or execution. 

§ 7. No person shall be an incompetent judge, justice, 
witness or juror by reason of his being an inhabitant of the 
said city of Sterling in any action or proceeding in which 
said city is a party in interest. 

§ 8. The common council of said city shall have power 
to designate one or more justices of the said town of Ster- 
ling, who shall have concurrent jurisdiction with the police 
justice of said city in any action or proceeding for the re- 
covery of any fine or penalty accruing under this act or the 
act to which this is amendatory, or under any ordinance, by- 
law or police regulation made in pursuance thereof 
for § 9. The said city of Sterling shall not be required to 
give secm-ity for costs on the institution of any suit com- 



CITIES 281 

meiiced under the provisions of this act or of the act to -^hich 
this is an amendment, or nnder any ordinance, by-law or 
pohce regulations made in pm'suance thereof. 

§ 10. Section one of article four of the act to which this street com- 
is an amendment shall be and the same is hereby so amend- missioners. 
ed as to authorize the election of one street commissioner in 
each ward of said city, in each and every year, instead of 
one street commissioner for said city. 

§ 11. All sections and parts of sections of the act entitled Repeal. 
"An act to charter the city of Sterling," approved February 
16th, 1857, inconsistent with the provisions of this act, are 
hereby repealed. 

§ 12. This act is hereby declared to be a public act and Public act. 
may be read in evidence in all courts of law or equity, with- 
out proof, and shall be in force from and after its passage. 

Approved February 21, 1859. 



A\ [ACT] to reduce the act incorporating the Citv of Warsaw, and the several In force Feb'y 
acts aijiendatory thereof into one act and to amend the same. 14, 1859. 

Article I. 

Sectiox 1. Be it enacted hy the Peojyle of the State of 
Illinois^ rejpresented in the General Assembly^ That all the 
district of country in the county of Hancock and state of Limits. 
Illinois, contained within the present incorporate limits of 
the city of "Warsaw, to wit: Commencing at a point in the 
middle of the main channel of the Mississippi river due 
west of the south line of section seventeen, in township four, 
four north, range nine west of the fourth principal meridian, 
and run up the stream with the middle of said main chanuel 
to a point due north of the centre line, in section two, in said 
township; thence south by said line to the south line of 
section fourteen, in said township; thence west to the place 
of beginning, with such other additions of land as may be 
incorj^orated with and come under the jurisdiction of said 
city, is hereby erected into a city by the name of the " City 
of Warsaw." 

§ 2. The inhabitants of said city shall be a corporation, Name 
by the name of the " City of Warsaw," and by that name 
shall have perpetual succession, sue and be sued, and com- 
plain and defend in any court; may make and use a com- 
mon seal, and alter and change it at 23leasure ; may take, 
hold and pui'chase such real, personal or mixed estate as the 
purposes of the corporation may require, within or without 
the limits of the city, and may sell, lease or dispose of the 
same for the benefit of the city. 



2S2 



CITTKS. 



Wards. § 3. The city of Warsaw sliall be divided into three 

wards, tlie boundaries of which shall be fixed by the city 
council, and shall be by the city council changed from time 
to time, as they shall see fit, having regard to the number of 
free white male inhabitants, so that each ward shall contain, as 
near as may be, the same number of white male inhabitants. 
The city council may create additional wards, as occasion 
may require, and fix the boundaries thereof. 

Article II — Officers — Their Election and Ajp])ointment. 

Officers. § 1. The municipal government of the city shall consist 

of a city council, to be composed of a mayor and two alder- 
men from each ward, who shall be elected by the qualified 
voters of said city. The other ofiicers of the corporation 
shall be as follows: A city clerk, a city marshal, a city 
treasurer, a city attorney, a city assessor, a city collector, a 
city surveyor and engineer and a city supervisor, who, in 
addition to the duties prescribed in this act, shall perform 
such other duties as may be jM'escribed by ordinance. 

§ 2. All ofiicers elected or appointed under this act, 
except aldermen, and except herein otherwise specially 
provided, shall hold their ofiices for one year, and until the 
election or appointment and qualification of their successors 
respectively. All ofiicers mentioned in this act, and not 
otherwise specially provided for, shall be appointed by the 
city council by ballot, on the third Monday of April in each 
year, or as soon thereafter as may be, but the city council 
may specially authorize the appointment of watchmen and 
j)olicemen by the mayor, to continue in oflice during the 
pleasm-e of the city council : Provided^ the mayor or marshal 
may be authorized to remove them from office for good cause. 
All ofiicers elected or appointed to fill vacancies shall hold 
for the unexpired term only, and until the election or appoint- 
ment and qualification of their successors. 

Aldermen. § 3. The Several wards of the city shall be represented 

in the city council by two aldermen from each ward, who 
f)hall be l>ona fide residents thereof, and hold their ofiices 
for two years, from and after their election, and until the 
election and qualification of their successors. They shall 
be divided into tw^o classes, consisting of one alderman from 
each ward, so that one from each ward shall be annually 
elected. At the first meeting of the city council after the 
annual election in April next, the aldermen shall be divided 
into two classes, by lot, the terms of olfice of those of the 
first class shall expire in one year; of those of the second 
class, in two years: Provided^ that the present aldermen of 
the city, whose term of ofiice do expire at that time, shall 
be placed in the first class, and no election shall be held to 
supply their places. At the annual election in April, 1859, 
there shall be elected in the first, second and third wards 



CITIES. 



283 



by the qualified voters in each of said Tvards, respectively, 
one alderman in each ward, and thereafter, annnally, one 
alderman shall be so elected in each of the wards of the 
city to represent such ward in the city council. 

I 1. If from any cause there shall not be a quorum of Vacancies, 
aldermen remaining in office, the clerk shall appoint the 
time and place of holding a special election to supply such 
vacancies, and to appoint judges thereof if necessary. If 
any alderman shall remove from the ward represented by 
him, his office shall thereby become vacant. If for any 
cause the officers herein named shall not be appointed on 
the third Monday in April in each year, the city council 
may adjourn, from time to time, until such appointments 
are made. If there should be a failm*e by the people to 
elect any officers herein required to be elected, the city 
council may forthwith order a new election. 

§ 5. Any officer elected or appointed to any office, may Removal, 
be removed from such office by a vote of two-thirds of all 
the aldermen authorized by law to be elected ; but no officer 
shall be removed, except for good cause, nor unless first 
furnished with the charges against him and heard in his 
defence ; and the city coimcil shaU have power to compel 
the attendance of witnesses and the production of papers 
when necessary, for the purposes of such trial, and shall 
proceed, within ten days, to hear and determine upon the 
merits of the case; and if such officer shall neglect to appear 
and answer to such charges, then the city coimcil may 
declare the office vacant: Provided, thh section shall not be 
deemed to apply to any officer appointed by the city council. 
Such officer may be removed at any time by a vote of two- 
thirds, as aforesaid, in their discretion ; but any officer may 
be suspended until the disposition of the charges when pre- 
ferred. 

§ 6. Whenever any vacancy shall occm- in the office of Vacancies, 
mayor or aldermen, such vacancy shall be filled by a new 
election ; and the city council shall order such special elec- 
tion within ten days after the happening of such vacancy; 
any vacancy occurring in any other office may be filled by 
appointment of the city council; but no special election 
shall be held to fill vacancies if more than nine months of 
the time expired. 

§ T. All citizens of the United States qualified to vote Voters. 
at any election held under this act, shall be qualified to hold 
any office created under this act; but no person shaU be 
ehgible to any office under this or any other act in relation 
to said city, who is now or [may] hereafter be a defaidter 
to said city or to the state of Illinois, or to any other city or 
county thereof; and any person shall be considered a 
defaulter who has refused or neglected or may hereafter 
refuse or neglect for thirty days after demand made to 
account for and pay over to the party authorized to receive 



284: 



CITIES. 



Tie. 



the same any public money which may have come into his 
possession ; and if any person holding any snch office or 
place within this city shall become a defaulter whilst in 
office, the office or j^lace shall thereupon become vacant. 

§ 8. When two or more candidates for any office shall 
have an equal number of votes for such, the election shall 
be determined by the casting of lots in the- presence of the 
city council. 

Article III. — Elections. 



Election. § 1. A general election of all the officers of the corpo- 

ration required to be elected by this act or any ordinance of 
the city, shall be held in each of the wards of the city on 
the first Tuesday of April in each year, at such places as 
the city council may appoint, and of which six days' previ- 
^ ous notice shall be given, by written or printed notices, in 
three public places in each ward, or by publication in the 
newspaper publishing the ordinances of the city by the city 
clerk. 

Manner. § 2. The manner of conducting and voting at the elec- 

tions held under this act, and contesting the same, the keep- 
ing the poll lists, canvassing of the votes and certifying the 
returns, shall be the same, as nearly as may be, as is now 
or may hereafter be provided by law at general state elec- 
tions : Promded^ the city council shall have power to regu- 
late elections and the appointment of the judges thereof. 
The voting shall be by ballot, and the judges of the election 
shall take the same oath and shall have the same powers 
and authority as the judges of the general elections. After 
the closing of the polls the ballots shall be counted in 
the manner provided by law, and the returns shall be 
returned sealed to the city clerk, within three days after the 
election; and thereupon the city council shall meet and 
canvass the same and declare the result of the election. 
The persons ha\dng the highest number of votes for any 
office shall be declared elected. It shall be the duty of the 
city clerk to notify all persons elected or appointed to office 
of their election or appointment, and unless such persons 
shall qualify within twenty days thereafter, the office shaU. 
become vacant. 

Qualifications. § 3. No person shall be entitled to vote at any election 
under this act who is not entitled to vote at state elections, 
and has not been a resident of said city at least one month 
next preceding said election ; he shall have been moreover 
an actual resident of the ward in which he proposes to vote 
for five days previous to such election, and if required by 
any judge or qualified voter shall take the following oath 

Oath. before he is permitted to vote: "I swear (or affirm) "that I 

am of the age of twenty-one years, that I am a citizen of 
the United States, (or was a resident of this state at the time 



CITIES. 285 

of the adoption of tlie coimstitution,) and have been a resi- 
dent of this state one year and a resident of this city one 
month immediately preceding this election, and am now 
and have been for the last five days past a resident of this 
ward, and have not voted at this election:" Provided^ that 
the voter shall be deemed a resident of the ward in which 
he is accnstomed to lodge. 

§ 4. jS'o election shall be held in any grog shop or other 
place where intoxicating liquors are vended by retail. 

§ 5. The persons entitled to vote at any elections held Illegal voting. 
under this act shall not be arrested on civil process within 
said city upon the day on which said election is held; and 
all persons illegally voting at any election held under this 
act or the ordinances of the city in pursuance thereof, shall 
be j^unishable according to the laws of the state. 

Akticle IY. — Poicei's and Duties of Officers. 

§ 1. Every person chosen or appointed to an executive, Oath, 
judicial or administrative office under this act shall, before 
he enters upon the duties of his office, take and subscribe 
the oath of office prescribed in the constitution of this state 
and file the same, duly certified by the officer before whom 
it was taken,' with the city clerk. 

§ 2. The mayor shall, before he enters upon the duties 
of his office, in addition to the usual oath, swear or affirm, 
"that he will devote so much of his time to the duties of his 
office as an efficient and faithful discharge thereof may 
require;" he shall preside over the meetings of the city 
council, and shall take care that the laws of this state and 
ordinances of this city are duly enforced, respected and 
observed within the city, and that all other officers of the 
city discharge their respective duties; and he shall cause 
negligence and positive violation of duty to be prosecuted 
and punished; he shall, from time to time, give the city 
council such information and recommend such measures as 
he may deem advantageous to the city. 

§ 3. He is hereby authorized to call on any and all white -^id. 
male inhabitants of the city or county, over the age of 
eighteen years, to aid in the enforcing the laws of thestate 
or the ordinances of the city ; and in case of riot, to call out 
the militia to aid in suppressing the same, or carrying into 
effi3ct any law or ordinance; and any person who shall not 
obey such call, shall forfeit to said city a fine of not less 
than five dollars. 

§ 4. He shall have power, whenever he may deeem it Exhibit, 
necessary, to require of any of the officers of the city an 
exhibit of all his books and papers; and he shall have power 
to execute all acts that may be required of him by this act 
or any Ordinance made in pursuance thereof. 



286 



CITIES. 



Salary. 
Veto. 



Vacancy, 



Clerk. 



g 5. He shall be liable to indictment in tlie circuit court 
of Hancock county for palpable omission of duty, willful 
oppression, malconduct or yjartiality in the discharge of the 
duties of his office, and upon conviction, shall be subject to 
a fine not exceeding one hundred dollars; and the court 
shall have power, upon recommendation of the jury, to add 
as part of the judgment that he be removod from office. 

§ 6. He shall have such salary as may be fixed by ordi- 
nance, not exceeding six hundred dollars per annum. 

§ T. All ordinances and resolutions shall, before they 
take eflect, be placed in the office of the city clerk, and if 
the mayor approve thereof, he shall sign the same, and such 
as he shall not approve, he shall return to the city council, 
with his objections thereto. Upon the return of any ordi- 
nance or resolution by the mayor, the vote by which the 
same was passed shall be reconsidered, and if after such 
reconsideration a majority of all the members elected to the 
city council shall agree, by the "ayes and noes," which shall 
be entered upon the journals, to jDass the same, it shall go 
into effect; and if the mayor shall neglect to approve or 
object to any such proceedings for a longer period than three 
days after the same shall be placed in the clerk's office as 
aforesaid, the same shall go into eflect; he shall, e:c officio^ 
have power to administer any oath required to be taken by 
this act or any law of the state, to take depositions, the 
acknowledgments of deeds, mortgages^and all other instru- 
ments of writing, and certify the same, under the seal of 
the city, which shall be good and valid in law. 

§ 8. In case of vacancy in the office of mayor or of his 
being unable to perform the duties of his office by reason 
of temporary or continued absence or sickness, the city 
council shall appoint one of its members, by ballot, to 
preside over their meetings, whose official designation shall 
be "Acting Mayor;" and the alderman so appointed, shall 
be vested with all the powers and j^erform all the duties of 
mayor until the mayor shall resume his office, or the vacancy 
shall be filled by a new election. 

§ 9. The clerk shall keep the corporate seal, and all 
books and papers belonging to the city ; he shall attend all 
meetings of the city council, and keep a full record of their 
proceedings on the journals, and copies of all papers duly 
filed in his office, and transcripts from the journals of the 
proceedings of the city council, certified by him, under the 
corporate seal, shall be evidence in all courts, in like manner 
as if the originals were produced; he shall likewise draw 
all warrants on the treasury, and countersign the same, and 
keep an accurate account thereof, in a book provided fori 
that purpose; he shall also keep an accurate account of the 
receipts and expenditures, in such manner as the city council 
shall direct; and he shall have power to administer any oath 
required to be taken by this act. 



CITIES. 287 



§ 10 It shall be the duty of the city attorney to perform Citv attorney. 
all professional services incident to his office, and when 
requn-ed, to furnish written opinions upon questions and 
subjects submitted to him by the mayor or city council 
or Its committees: Provided, however, that the offices of 
city clerk and city attorney may be vested in the same 
person. • 

• ^ V-'.x "^^^^^^ treasurer shall receive all moneys belono;- Treasurer, 
mg to the city, and shall keep an accurate account of all 
receipts and expenditures, in such manner as the city councU 
shall direct. All moneys shall be drawn from the treasury 
m pursuance uf an order of the city council, by a treasury 
warrant, signed by the mayor or the presiding officer of the 
city council, and countersigned b^ the clerk; such warrant 
shall specify for what purpose the amount therein named is 
to be paid; the treasurer shall exhibit to the city council, at 
least twenty days before the annual election of each year, 
andoftener if required, a full and detailed account of ali 
receipts and expenditures since the date of ili^ last annual 
report, and also the state of the treasury, which account 
shall be hied in the office of the clerk. 

§ 12. The city marshal shall perform such duties as shall Marshal. 
be prescribed by the city council for the preservation of the 
pubhc peace, the collection of license moneys, fines or other- 
wise; he shall possess the powers and authority of a constable 
at common law, and under the statutes of' this state, and 
receive like fees; but shall not serve civil process without 
trst entering into bond as such constable, to be approved by 
the suijervisor of the town, as in other cases; he shall exe- 
cute and return all process issued by any proper officer under 
this act or any ordinance in pursuance thereof 

§ 13. The city engineer or surveyor shall have the sole Surveyor, 
power, under the direction and control of the city council, 
to survey withm the city limits; and he shall be governed 
by such rules and ordinances and receive such fees and 
emoluments for his services as the city council shall direct 
and prescribe; he shall possess the same powers in makino- 
plats and sui-veys within the city as is given by law to county 
surveyors, and the like effect and validity shall be given to 
his acts and to all plats and surveys made by him as are or 
may be given by law to the acts, plats and surveys of the 
county surveyor; he shall, when required, superintend the 
construction of all public works ordered by the city, make 
out the plans and estimates thereof, and contract for the 
execution of the same; he shall perform all surveying and 
engineering ordered by Hxq city council, and shall, under 
their clrection, establish the grades and boundaries of streets 
and alleys; but such plans, estimates and contracts, grades 
and boundaries, shall be first reported to the city council 
and approved of by them, or they shall not be valid. 



288 



CITIES. 



Supervisor. 



Deli 

successor. 



livery to 



§ 15. The snj^ervisor sliall superintend all local improve- 
ments in the city and cany into effect all orders of the city 
council in relation thereto. It shall also be his duty to su- 
perintend and supervise the opening of streets and alleys 
and the grading, improving and repairing thereof, and the 
constructing and repairing of bridges, culverts and sewers; 
to order the laying, relaying and repairing of sidewalks, to 
give notice to the owners of property adjoining such side- 
walks, when recpiired, and, upon the failure of any person 
to comply with such notice, to cause the same to be laid, re- 
laid or repaired and apportion the cost thereof among the 
persons or lots, property chargeable therewith, and deliver 
the account thereof to the city clerk, to be laid before the 
city council ; to make plans and estimates of any work order- 
ed, in relation to streets and alleys, bridges, culverts or sew- 
ers ; to keep full and accurate accounts, in appropriate books, 
of all appropriations made for work j)ertaining to his office, 
and of all disbursements thereof, specifying to whom made 
and on what account ; and he shall render monthly accounts 
thereof to the city council. 

§ 16. The city council shall have power, from time to 
time, to require further and other duties of all officers whose 
duties are herein prescribed, and prescribe the powers and 
duties of all officers elected or a23pointed to any office under 
this act, whose duties are not herein speciiically mentioned, 
and fix their compensation. They may also require all offi- 
cers, severally, before they enter upon the duties of their 
respective offices, to execute a bond to the city of "VYarsaw, 
in such sum and with such securities as they may approve, 
conditioned that they shall faithfully execute the duties of 
their respective offices, and account for and pay over and de- 
liver all moneys and other property received by them ; which 
bond, with the approval of the city council certified thereon, 
by the clerk, shall be filed in his office. 

§ 17. If any person, having been an officer of said city, 
shall not, within ten days after notification and request, de- 
liver to his successor in office all the property, books, papers 
and effects, of every description, in his possession, belong- 
ing to said city or appertaining to his said office, he shall 
forfeit and pay, for the use of the city, fifty dollars, besides 
all damages caused by his refusal or neglect so to deliver. 
And such successor may recover possession of the books, 
papers and effects, belonging to his office, in the manner 
prescribed by the laws of the state. 



Article Y — Of the Legislative Power of the City Council — 
Its General Powers and Duties. 



Council. § 1. The mayor and aldermen shall constitute the city 

council of the city. The city council shall meet at such time 
and place as they shall, by resolution, direct. The mayor. 



CITIES. ' 289 

when present, shall preside at all meetings of the city coun- 
cil, and shall have only a casting vote ; in his absence, any 
one of the aldermen may be appointed to preside. A ma- 
jority of the persons elected aldermen shall constitute a 
quorum. *» 

§ 2. Xo member of the city council shall, during the 
period for which he is elected, be appointed to or ie compe- 
tent to hold any office of which the emoluments are paid 
from the city treasury, or paid by fees directed to be paid 
by any act or ordinance of the city council, or be, directly 
or indirectly, interested in any contract, the expense or con- 
sideration whereof is to be paid under any ordinance of the 
city council, or be allowed to vote in any matter in which he 
is directly interested, personally or pecuniarily, or become 
security for any city office. 

§ 3. The city council shall hold twelve stated meetings, Meetings, 
one in each month during the year, and the mayor or any 
two aldermen may call special meetings, by notice to each 
o+" the members of the council, served personally or left at 
their usual place of abode. Petitions and remonstrances 
may be presented to the city council, and they shall deter- 
m'ne the rule of their own proceedings and be the judges of 
the election and qualification of their own members, and 
shall have power to compel the attendance of absent mem- 
bers. 

§ 4. The city council shall have the control of the Finance*, 
finances and of all the property, real, personal and mixed, 
belonging to the corporation, and shall, likewise, have pow- 
er, within the jurisdiction of the city, by ordinance — 

First. — To borrow money on the credit of the city and Borrow moDey. 
issue the bonds of the city therefor ; but no sum of money 
shall be borrowed at a higher rate of interest than the rate 
allowed by law, nor shall a greater sum or sums be borrow- 
ed, or at any time outstanding, the interest upon the aggre- 
gate of which shall exceed the one-half of the city revenue, 
arising from the ordinary taxes on the real estate within the 
city, for the year immediately preceding. The appropria- 
tions of the city council for payment of interest for improve- 
ments and for city expenses, daring any fiscal year, shall not 
exceed the amount of the whole ordinary revenue of the 
city for the fiscal year immediately preceding ; but the city 
council may apply any surpuls money in the treasury to the 
extinguishment of the city debt or to the creation of a sink- 
ing fund for that purpose, or to the carrying on the pub- 
lic works of the city, or to the contingent fund for the con- 
tingent expenses of the city. 

Second. — To appropriate money and to provide for the Approprwt^oBa 
payment of the debts and expenses of the city. 

Third. — To make regulations to prevent the introduction i* •<v:'-os. 
of contagious diseases into the city, to make quarantine laws 



290 



OITIES. 



•fealt 



Water. 



Bridges, 



Light. 



Markets. 



Pub' c trrounds 



Hospitals, 



for tliat purpose, and to enforce them within the city, a 
witliin live miles thereof. 

lumrth. — To make regulations to secure the general hea' 
and comfort of the inhabitants, t(^ prevent abate and remove 
nuisances, and punish the authors thereof, bj penalties, fine 
and imprisonment; to define and declare what shall be 
deemed nuisances, and authorize and direct the summary 
abatement thereof. 

Fifth. — To provide the city with water ; to make, regulate 
and establish public wells, pumps and cisterns, hydrants and 
reservoirs in the streets, within the city, or beyond the Umits 
thereof, for the extinguishment of fires and the convenience 
of the inhabitants, and to prevent the unnecessary waste of 
water. 

Sixth. — To have the exclusive control and power over the 
streets, alleys and highw^ays of the city, and to abate and 
remove any encroachments or obstructions thereon ; to open, 
alter, abolish, wdden, extend, straighten, establish, regulate, 
grade, clear or otherwise improve the same ; to pu,t drains 
and sewers therein, and prevent the incumbering thereof in 
any manner, and protect the same from any encroachment or 
injury. 

Seoenth. — To establish, erect, construct, regulate and keep 
in repair bridges, culverts and sewers, side-walks and cross- 
ways, and regulate the construction and use of the same, 
and to abate any obstructions or encroachments thereof; to 
establish, alter, change and straighten the channels of water 
courses and natm-al drains ; to sewer the same or wall them 
up and cover them over, and to prevent, regulate and con- 
trol the filling up, altering or changing the channels thereof, 
by private persons. 

Eighth. — To provide for lighting the streets and erecting 
lamp posts and lamps therein, and regulate the lighting 
thereof, and, from time to time, create, alter or extend lamp 
districts ; to exclusively regulate, direct and control the lay- 
ing and repairing the gas pipes and gas fixtures in the streets, 
alleys and side-walks. 

Ninth. — To establish and erect markets and market 
houses, and other public buildings of the city, and j)rovide 
for the government and regulation thereof, and their erec- 
tion and location, and to authorize their erection in the 
streets and avenues of the city, and for the continuation of 
such as are already erected within the same. 

Tenth. — To provide for the inclosing, regulating and im- 
proving all public grounds and cemeteries belonging to the 
city, and to direct the regulating and planting and preserving 
of ornamental and shade trees, in the streets or pubhc 
grounds. 

iLleventh. — To erect and establish one or more hospitals 
or dispensaries, and control and regulate the same. 



CITIES. j^9i 

Tioelftli. — To prevent the incnmbering of the streets, al- Encumbering 
leys, side-walks or public grounds with carriages, wagons, s^^^ets. 
carts, wheelbarrows, boxes, lumber, timber, fire wood, posts, 
awnings, signs or any other substance or material whatever ; 
to compel all j)ersons to keep the snow, ice, dirt and other 
rubbish from the side-walks and street gutters, in front of 
the premises occupied by them. 

Ikineenth. — To license, tax and regulate merchants, com- Merchants, &c 
mission merchants, inn-keepers, pawnbrokers, money brokers, 
insurance brokers and auctioneers, and to impose duties upon 
the sale of goods at auction ; to license, tax, regulate and sup- 
press and prohibit hawkers, peddlers, pawnbrokers grocery 
keepers and keepers of ordinaries, theatrical or other e:fhi- 
bitious, shows and amusements. 

Fourteenth. — To license, tax, regulate and suppress hack- Hacks, &c. 
men, draymen, omnibus drivers, porters, and all others j)ur- 
suing like occupations, with or without vehicles, and pre- 
scribe their compensation ; and to regulate and restrain run- 
ners for stages, cars and j>ublic houses. 

Fifteenth. — To license, tax, regulate, prohibit and sup- Gaming, 
press billiard tables, pin alleys and ball alleys ; to suppress 
and restrain disorderly houses, tippling shops and groceries, 
bawdy houses, gaming and gambling houses, lotteries and 
all fraudulent^de rices and practices, and all playing of cards, 
dice and other games of chance, with or without betting, 
and to authorize the destruction of all instruments and de- 
vices used for the purpose s of gaming. 

Sixteenth. — To authorize the, proper officer of the city to License, 
grant and issue licenses and to direct the nianner of issuing 
and registering thereof, and the fees and charges to be paid 
therefoi'. IS^o license shall be granted for more than one 
year, and not less than three dollars nor more than five hun- 
dred dollars shall be charged for any license, under this act, 
and the fees for issuing the same shall not exceed one dollar ; 
but no license for the sale of wines or other liquors, ardent 
or vinous, fermented or malt^ at retail, by grocery keepers 
or others, shall be issued for less than fifty dollars. 

Secenteenth. — To regulate, restrain and prohibit the sell- Liquci-. 
ing or giving away of any intoxicating or malt liquors, by 
any person within the city, except by persons duly licensed ; 
to forbid and punish the selling or giving away of any in- 
toxicating or malt liquors to any minor, apprentice or ser- 
vant, without the consent of the parent, guardian, master or 
mistress. 

Eighteenth. — To restrain, prevent and punish forestalling 
and regrating ; to regulate the inspection and vending of 
fresh meats, poultry and vegetables, butter, lard and other 
provisions, and the place and manner of selling lish and in.- 
specting the same. 



292 

Butchers. 



Inspection. 



Bread. 
Bi-ick. 
Police. 

Riots. 

Racing. 



Beggnra. 



CITIES. 

Nineteenth. — To regulate, license and prohibit buteliers, 
and to revoke their license for malconduct in the coiuse of 
trade. 

Twentieth. — To establish standard weights and measures, 
and regulate the weights and measures, to be used ^v4thin 
the city, in all cases not otherwise provided by law ; to re- 
quire all traders or dealers in merchandise or property, of 
any description, which is sold by measure or weight, to cause 
their measures and weights to be tested and sealed by the 
city sealer, and to be subject to. his inspection. The stand- 
ard of such weights and measures shall be conformable to 
those established by law or ordinance. 

*T%oentij-first. — To regulate and provide for the inspecting 
and measuring of lumber, shingles, timber, posts, staves, 
heading and all kinds of building materials, and fur the mea- 
suring of all kinds of mechauical work, and to appoint one 
or more inspectors or measurers. 

Twenty-second. — To provide for the inspecting and weigh- 
ing of hay, lime and stone-coal, and the place and nianner 
of selling the same ; to regulate the measurement of fire- 
wood, charcoal and other fuel, to be sold or used within the 
city, and the place and manner of selling the same. 

Twenty-third. — To regulate the inspection of beef, pork, 
Hour, meal and other provisions, salt, whisky and other 
liquors, to be sold in barrels, hogsheads and other vessels 
or packages ; to appoint weighers, gangers and inspectors, 
and prescribe their duties and regulate their fees : Provided^ 
that nothing herein shall be so construed as to require the 
inspection of any articles, enumerated herein, which are to 
be shipped beyond the limits of the state, except at the re- 
cjuest of the owner thereof or his agent. 

Twenty-fourth. — To regulate the weight and quality of 
bread to be sold or used within the city. 

Twenty-fifth. — To regulate the size and quality of bricks 
to be sold within the city, and the ins23ection thereof. 

Twenty-sixth. — To create, establish and regulate the police 
of the city, to appoint watchmen and j^olicemeu and pre- 
scribe their duties and powers. 

Twenty-seventh. — To prevent and suppress any riot, rout, af- 
fray, noise, disturbance or disorderly assembly, in any public 
or private place within the city. 

Twenty-eighth. — To prohibit, prevent and suppress horse 
racing, immoderate riding or driving in the streets, and to 
authorize persons immoderately riding or driving, as afore- 
said, to be stopped by any person ; to prohibit and punish 
the abuse of animals; to compel persons to fasten their 
horses or other animals attached to vehicles, or otherwise, 
while standing or remaining in the streets. 

Twenty-ninth. — To restrain and punish vagrants, mendi- 
cants, street beggars and prostitutes. 



CITIES. 293 

Tlirrtieth.. — To regulate, restrain or prohibit the running Animals. 
at large of horses or cattle, swine, sheep, goats and geese, and 
to authorize the distraining, impounding and sale of the 
same for the costs of the proceedings and the penaUy incur- 
red, and to impose penalties on the owners thereof for a vio- 
lation of any ordinance in relation thereto; to regulate, re- 
strain and prohibit the running at large of dogs, and to au- 
thorize their destruction, when at large contrary to ordinance, 
and to impose penalties on the owners or keepers thereof. 

T/icHy-first. — To prohibit and restrain the rolling of hoops, Sports. 
flying of kites or any other amusements or practices tending 
to annoy persons jjassing on the streets or side-walks, or to 
frighten horses or teams; to restrain and prohibit the ring- 
ing of bells, blowing of horns or bugles, crying of goods, 
and all other noises, practices and performances tending to 
the collecting of persons on the streets or side-walks, by 
auctioneers and others, for the purpose of business, amuse- 
ment or otherwise. 

Tldrty-seGond. — To abate all nuisances which may injure or jS'uisances. 
affect the public health or comfort, in any manner they may 
deem expedient. 

Thirty-third. — To do all acts and make all regulations Heakh. 
which may be necessary or expedient for the promotion of 
health and the suppression of disease. 

Tldrty -fourth. — To compel the owner or occupant of any Nuisance. 
grocery, cellar, soap or tallow chandlery or blacksmith shop, 
tannery, stable, privy, sewer or other unwholesome or nau- 
seous house or place to cleanse, remove or abate the same, as 
may be necessary for the health, comfort and convenience 
of the inhabitants. 

Thirty-fifth.— ^(y direct the location and regulate the man- Breweries, &c. 
agement of breweries, tanneries, blacksmith shops, found- 
eries, livery stables and packing houses ; to direct the loca- 
tion and regulate the management and construction of and 
restrain, abate and prohibit, within the city, and to the dis- 
tance of one mile from the limits thereof, distilleries, slaugh- 
tering establishments, establishments for steaming or render- 
ing lard, tallow, offal and such other substances as may be 
rendered, and all other establishments or places where any 
nauseous, offensive or unwholesome business may be car- 
ried on. 

Thirty-sixth. — To regulate the burial of the dead; to estab- Burial 
lish and regulate one or more cemeteries ; regulate the regis- 
tration of births and deaths, to direct the returning and keep- 
ing of bills of mortality, and to impose penalties on physi- 
cians and sextons and others for any default in the premises, 

Thirty-se})enth. — To provide for the taking an enumeration Census, 
of the inhabitants of the city. 

Thirty-eighth. — To erect and establish a work-house or Work-house, 
house of correction, make all necessary regulations there- 
for and appoint all necessary keepers and assistants. In 



■J J 4 CITIES. 

such work-house or house of correction may be confined all 
vao-rants, stragglers, idle and disorderly persons, who may 
he conmiitted thereto, hy any proper officer, and all per- 
sons, sentenced hy any criminal court or magistrate, in and 
for the city, or for the county of Hancock, lor any assault 
and hattery, petit larceny or other misdemeanor, punishable 
by imprisonment in any county jail ; and any person who 
shall fail or neglect to pay any tine, penalty or cost imposed 
by any ordinance of the city, for any misdemeanor or breach 
of any ordinance of the city, may, instead of being commit- 
ted to the county jail of Hancock county, be kept therein, 
subject to labor and conliiiement. 

t)e3titute chii- Tliirty-nintlv. — To authorize and direct the taking up, and 

dren. provide for the safe keeping and education, for such period 

of tiiiie as may be deemed expedient, of all children who 
are destitute of proper parental care, wandering about the 
streets, committing mischief and growing up in mendicancy, 
idleness and vice. 

Drains, ic. Fortieth. — To fill up, drain, clfeanse, alter, relay, repair and 

regulate any grounds, lots, yards, cellars, private drains^ sinks 
and privies, direct and regulate their construction, and cause 
the expenses thereof to be assessed and collected in the 
same manner as side-walk assessments. 

'^iaiiroad tracks Forty -fiTst. — To direct and control the laying and con- 
struction of raih'oad tracks, bridges, turn-outs and switches 
in the streets and alleys, and the location of depot groundf^ 
within the city; to require that railroad tracks, bridges, turn- 
outs and switches shall be so constructed and laid as to in- 
terfere as little as possible with the ordinary travel and use 
of the streets and alleys, and that sufficient space shall be 
left on either side of said tracks for the safe and convenient 
passage of teams and persons ; to require railroad compa- 
nies to keep in repair the streets through which their track 
may run, and to construct and keep in repair suitable cros- 
sings at the intersections of streets and alleys and ditches, 
sewers and culverts, where the city council shall deem ne- 
cessary; to direct and prohibit the use and regulate the 
speed of locomotive engines within the inhabited portions 
of the city ; to prohibit and restrain railroad companies froni 
doing storage or warehouse business or collecting pay fot 
storage. 
idinanccs. FoHy-second. — The city council shall hat^e power to pass, 

publish, amend and repeal all ordinances, rules an>i polic6 
registrations [regulations] not contrary to the constitution of 
the United States or of this state, for the good govei-nment, 
peace and order of the city, and the trade and cohnnerce 
thereof, that may be nt. cessary or proper to carry in*-o efiect 
the powers vested by this act in the corporation, the city 
government or any department or officer thereof; to enforce 
the observance of all J5uch niles, ordinances and police regu- 
lations, and to punish \ iolations thereof hj fines, penalties 



aud imprisonment in the county jail, city prison or work- 
house, or both, in the discretion of the court or magistrate 
before whom conviction may be had. But no fine or pen- 
ahy shall exceed five hundred dollars, nor the imj^risonment 
six months, for any offence; and such fine or penalty may be 
recovered with costs, in an action of debt, in the name of or 
for the use of the city, before any court having jurisdiction, 
and punishment inflicted ; and any person upon whom any 
fine or penahy is imposed shall stand committed until the 
payment of the same and costs, and in default thereof, may 
be imprisoned in the county jail, city prison or workhouse, or 
required to labor on the streets or other public works of the 
city for such time and in such manner as may be provided 
by ordinance. 

Article YI. — Of Assessments for Oi^ening Streets and 
Alleys. 

§ 1. The city council shall have power to open and lay Opening of the 
out public grounds or squares, streets, alleys and highways, streets. 
and to alter, widen, contract, straighten and discontinue the 
same. But no street, alley or highway, or part thereof, 
shall be discontinued or contracted without the consent, in 
writing, of all persons owning land or lots adjoining said 
sti'eet, alley or highway. They shall cause all alleys, streets 
and highways, or public squares or grounds, laid out by 
them, to be surveyed, described and recorded in a book to 
be kept by the clerk, showing accurately and particularly 
the proposed improvements and the real estate required to 
be taken ; and the same, when opened and made, shall be 
public highways and public squares. 

§ 2. Whenever any street, alley or highway, public Compensatio 
ground or square, is proposed to be laid out, opened, altered, 
widened or straightened, by virtue hereof^ and the amount 
of compensation cannot be agreed upon, the city council 
shall give notice of their intention to appropriate and take 
the land necessary for the same, to the owner thereof, by 
publishing said notice for ten days in the newspaper pubhsh- 
ing the ordinances of the city; at the expiration of which 
time they shall choose, by ballot, three disinterested free- 
holders, residing in the city, as commissioners to ascertain 
and assess the damages and recompense due the owners of 
said real estate, respectively, "and at the same time to deter- 
mine what persons will be benefitted by such improvement, 
and assess the damages and expenses thereof, on the real 
estate benefitted thereby, in proportion as nearly as may be, 
to the benefits resulting to each. A inajority of all the alder- 
men authorized by law to be elected, shall be necessary to a 
choice of such commissioners. 

§ 3. The commissioners shall be sworn faithfully and 
iteipartially to execute their duties to the best of their abili:- 



'2\h: CITIE!--. 

ties, before entering upon tlieir duties; tliey sliall give at 
least live days' notice to all persons interested, of the time 
and place of their meeting, for the purpose of viewing the 
^ premises and making their assessments, which notice shall 

be given personally, if the owners are residents, and known, 
or by publication in the newspaper publishing the ordinan- 
ces of the city; if nonresidents or unknown, they shall view 
the premises, and in their discretion receive any legal evi- 
dence, and may, if necessary, adjourn from day to day. 

Buiidiugs. § 4. If there should be any building standing, in whole 

or in part, upon, the land to be taken, the commissioners, 
before making their assessment shall first estimate and de- 
termine the whole value of such bnildins: to the owner, 
aside from the value of the land, and the actual injury to 
liim in having such building taken from him; and, secondly, 
the value of such building to him to remove. 

Notice. § 5. At least five days' notice sliall be given to the owner 

of such determination, when known, and a resident of the 
city, which may be given personally, or in writing, 
left at liis usual place of abode. If a nonresident 
or unknown, alike notice to all persons shall be given 
in the newspaper publishing the ordinances of the city. 
Such notice shall specify the buildings, and the award of the 
commissioners, and shall be signed by them. It shall also 
require the persons interested to appear, by a day to be 
named therein, or give notice of their election to the city 
council, either to accept the award of the commissioners and 
allow such building to be taken, with the land condemned or 
appropriated, or of their intention to receive such building, 
at the value set thereon by the commissioners, to remove ; 
if the owner shall agree to remove such building, he shall 
have such reasonable time for that purpose as the city council 
may direct. 

.-Hk- c^t build- § 0. If the owner refuses to take the building at its ap 

'"^" praised value, to remove, or fails to give notice of his inten- 

tion, as aforesaid, within the time prescribed, the city coun- 
cil shall have power to direct the sale of such building at 
public^auction, for cash, or on a credit, giving five days' pub- 
lic notice of the sale. The proceeds of the sale shall be 
paid to the owner or deposited to his use. 

Ai-sessmeot. § 7. The commissioners shall thereupon proceed to make 

their assessment and determine and appraise to the owner 
the value of the real estate appropriated and the injury 
arising from the condemnation thereof, which shall be award- 
ed to such owner as damages, after making due allowance 
therefrom for any benefit which such owner may derive from 
such improvement. In the estimate of damage to the land 
the commissioners shall include the value of the buildinajs 
(if the property of the ow er of the land) as estimated b}'^ 
them, as aforesaid, less the proceeds of the sale thereof, or 
if taken by the owner at the value to remove, in that case 



CITIES. 



297 



they shall only include the clifFerence between such value 
and the whole estimated value of such buildinofs. 

§ 8. If the damao-e to any person be greater than the Benefits and 
benefits received, or if the benefit be greater than the dam- ^^°^^g^s- 
ages, in either case the commissioners shall strike a balance 
and carry the dift'erence forward to another column, so that 
the a5>es5ment may show what amount is to be received or 
paid by such owners, respectively, and the difference only, 
shall, in any case, be collected of or paid to them. 

§ 9. If the lands and buildings belong to different per- 
sons, or if the land be subject to lease or mortgage, the in- 
jury dr)ne to such persons, respectively, may be awarded to 
them by the commissioners, less the benefit resulting to 
them, respectively, from the improvements. 

§ IC. Having ascertained the damages and expenses of Apportionmen 
such improvements, as aforesaid, the commissioners shall 
thereupon apportion and assess the same, together with the 
costs r.f the proceedings, upon the real estate deemed by them 
benefitted, in proportion to the benefit resulting from the 
improvements, as nearly as may be, and shall describe the 
real estate upon which their assessments may be made; 
when completed, the commissioners shall sign and return the 
same to the city council within thirty days of their assess- 
ment. 

§ 11. The clerk shall give ten days' notice, by publica- Notice, 
tion in the newspaper publishing the crdinances of the city, 
that such assessment has been returned, and on a day to be 
specified therein, will be confirmed by the city council unless 
objections to the same are made by some person interested. 
Objections may be heard before the city council, and the 
hearing may be adjourned from day to day. The council 
shall have power, in their discretion, to confirm or annul the 
assessment, or refer the same back to the commissioners; if 
annulled, all the proceedings shall be void, if confirmed, an 
order of confirmation shall be entered directing a warrant to 
issue for the collection thereof: if referred back to the same 
or other commissioners, they shall proceed to make their 
assessment and return the same, in like manner, and give 
like notices as herein required in relation to the first; and all 
parties in interest shall have the like notice and rights, and 
the city council shall perform hke duties and have like powers 
in relation to any subsequent determination, as are herein 
given in relation to the first. 

§ 12. The city council shaU have power to remove com- 
missioners, and, from time to time, appoint others in place 
of such as may be removed, or refuse, neglect or are unable 
from any cause, to serve. 

§ 13. ' The land required to be taken for the making, open- payment, 
ing, widening, straightening or altering any street, alley or 
other big] 1 way or public ground or square, shall. not be ap- 
propriated until the damages therefor awarded to any owner 



IMS CITIES. 

thereof, under this act, shall be paid or tendered to such owner 
or his {iir<?nt, or in case snch owner or his agent cannot be 
found witliin the city, deposited to his or their credit in some 
safe place of deposit other than the hands of the treasurer, 
and then, and not before, such lands may be taken and appro- 
priated for the purpose required in makino; such improve- 
ments and such streets, alleys or other highways or public 
grounds may be made and opened. 

■ -luracts. g i^ When the whole of [any] lot or parcel of land or 

other premises, under lease or other contract, shall be taken 
for any of the purposes aforesaid, by virtue of this act, all 
the covenants, contracts and engagements between landlord 
and tenant or any other contracting parties, touching the 
same or any part thereof, shall, upon the confirmation of the 
report of the commissioners, respectively, cease and be abso- 
lutely discharged. 

§ 15. "When part only of any lot, parcel of land or 
other premises, so under lease or contract, shall be taken for 
any of the purposes aforesaid, by virtue of this act, all the 
covenants, contracts, agreements and engagements respc cl- 
ing the same, upon the confirmation of the report of 'the 
commissioners, shall be absolutely discharged as to that part 
thereof, so taken, but shall remain valid as to the residue 
thereof; and the rents, consideration and payments reserved; 
payable and to be paid for or in respect to the same, shall be 
so proportioned as that the part thereof justly and equitably 
payable for such residue thereof and no more, shall be paid 
or recovered in any respect of the same. 

Appeal. § 16. Any person interested may appeal from any final 

order of the city council for opening, altering, widening or 
straightening any street, alley or other highway or public 
ground, to the circuit court of Hancock county, by notice, 
in writing, to the mayor, at any time before the expiration 
of twenty days after the passage of said final order. In case 
of appeal, the city council shall make a return within thirty 
days after notice thereof, and the court shall, at the next 
term after return tiled in the ofilce of the clerk thereof, hear 
and determine such appeal and confirm or annul the j^ro- 
ceedings ; from which judgment no a])peal or wiit of error 
shall lie. Upon the trial of the appea\ all questions in- 
volved in said proceedings, including the amount of dam- 
ages, shall be open to investigation, by affidavit or oral testi- 
mony adduced to the court, or upon application of the city 
or any party, the amount of damages may be assessed by a 
jury in said court, without formal pleadings, and judgment 
rendered accordingly; and the burthen of the proof shall, 
in all cases, be upon the city to show that the proceedings 
are in conformity with this act: 

§ 17. In all cases, where there is no agreement to the 
Contrary, the owner or landlord, and not the tenant or occu- 
jiaut, shall be deemed the pers6n who shall and ought to pay 



CITIES. i:fM< 

and i)ear every assespraent made for the expense of any pul)- 
lic improvement. Where any such assessment shall be made 
upon or paid by any ptrson, when, by agreement or by law, 
the same onjg^ht to be borne or paid by any other person, it 
shall be lawful for the one so paying to sue for and recover of 
the persons bound to pay the same the amount so paid, with 
interest. Xothing herein contained shall, in any way, im- 
pair or affect any agreement between landlord and tenant or 
other person, respecting the payment of such assessments. 

§ IS. The city council may, by ordinance, make any Change in pro 
changes they may deeem ad^^ sable in the proceedings herein <^^^<^^°s^- 
prescribed ibr ascertaining the damages and injury occa- 
sioned to any person or real estate, by reason of the con- 
demnation of such real estate, or any real estate upon winch 
any buildings may be situated, in whole or in part, and the 
assessment of such damages and injury upon persons or real 
estate benefitted by the improvement, and in all such other 
respects as experience may suggest. 

§ 19. When any known owner or other person having infants, Ac, 
an interest in any real estate, residing in the city or else- 
where, shall be an infant, and any proceedings shall be had 
under this act, the judge of the circuit court of Hancock 
county, the county judge of said county or any judge of the 
supreme court, may, upon the application of the city council 
or such infant, or his next friend, appoint a guardian for 
such infant, taking security from such guardian for the faith- 
ful execution of such trust, and all notices and summons re- 
quired by this act shall be served on such guardian. 

Article YII. — Public Imjrrovements and Assessments 
therefor. 

% 1. The city council shall have power, from time to time, improving the 
to cause any street, alley, avenue or other highway to be st'"^^^^- 
graded, regraded, leveled, paved or planked, and keep the 
same in repair, and alter and change the same. Second — 
To cause side and crosswalks, main drains and sewers and 
private drains, to be constructed and laid, relaid, cleansed 
and repaired, and regulate the same. Third — To grade, 
improve, protect and ornament any public square or other 
public ground, now or hereafter laid out. Fourth — The city 
council shall have power to grade, gutter, macadamize or 
pave any street, lane, avenue, alley or other highway within 
the limits of said cit}", and to charge not more than one-half 
of the expense thereof to the owners or holders of lots or 
real estate in front of which any such grading, guttering or 
macadamizing may be done by said city; and whenever the 
city council desire to charge the owners or holders of lots or 
real estate Ironting on or adjoining any street, lane, avenue;, 
alley or other highway, with any part of the expense of 
grading, guttering, paving and inacadamizing, such street, 



iOO CITIES. 

lane, avcnne, alley or otlier highway, in front of or adjoin- 
ing said property, they shall ascertain, from the report ot' the 
street supervisor or otherwise, the cost of guttering, grading, 
paving or macadamizing any such street, lane, avenue, alley 
or otlier highway, in front of or adjoining any such lot or 
real estate, and when the same is ascertained, they may, by 
order, resolution or otherwise, charge an amount not exceed- 
ing one-half of the cost of the same to the lot or real estate 
and the owner or owners and holders of any such lot or 
lots [or] real estate, respectively, and may collect the amount 
so charged of the owner or holder of tlie same, by suit, in 
the corporate name of the city, as for money paid and laid 
out for his use, at his request, in any court of competent ju- 
risdiction; and the city council may, by order, resolution or 
otherwise, also levy an annual tax on any lot or lots and real 
estate in front of which any such guttering, paving, grading or 
macadamizing may be done, respectively, not exceeding five 
per cent, per annum on the assessed value of such lot or lots 
or real estate, until the estimated amount of the expense of 
such grading, guttering, paving and macadamizing so charged 
to any such lot or lots or real estate, respectively, is all paid 
and collected, or such proportion thereof as the said -city 
council shall require said lot or real estate owners to pay, not 
exceeding one-half the cost of guttering, paving, grading and 
macadamizing of any such street, lane, avenue or alley in 
front of or adjoining to the same. 
vSexrerage. g 2. That for the purpose of establishing a system of 

sewerage and drainage the city council may have power to 
cause the city to be laid off into districts, to be drained by 
principal and lateral or tributary sewers or drains, having 
reference to a general plan of drainage by sewers and drains 
for the whole city, and number and record the same. 

§ 3. That wlienever a niajoi'ity in number of the owners 
of real estate, within any district, shall petition the city 
council for the construction of such drains or sewers in such 
district, the city council shall have power to levy and collect 
a special tax on the real estate within the district so drained, 
not to exceed ten mills to the dollar per annum on the assess- 
ed value thereof, for the purpose of constructing such sewers 
and drains, which tax shall be annually levied and collected 
as otlier city taxes, by law, and shall constitute a lien on the 
real estate in the district in which it is assessed ; and the city 
council shall have power to provide for the construction and 
letting of such sewers and drains or such parts thereof as 
they shall deem necessary, and may, from time to time, 
extend, enlarge or alter the same upon such terms and con- 
ditions as they shall deem necessary; and the city council 
shall have power to borrow money for the construction of 
such sewers and drains, payable in principal and interest 
from the special tax collected in such districts, or the city 
council may apportion the estimated cost of such drains and 



CITIES. 301 

sewers and collect the same by a series of annual assess- 
ments. But no ordinance creating such debt, specil tax or 
apportionment, shall be repealed or altered until the debt 
created thereby shall have been paid. 

§ 4. In all cases where expenses may be incurred in the Expenses. 
removal of any nuisance, the city council may cause the 
same to be assessed against the real estate chargeable there- 
with, in the same manner prescribed in the next section. 
Such expenses may be likewise collected of the owner or 
occupant of such premises in a suit lor money expended to 
his or their use, and in case the same should not be charge- 
able to any real estate, suit may in like manner be brought 
for such expenses against the author of such nuisance, if 
known, or any person whose duty it may be to remove or 
abate the same. 

§ 5. The city council shall have power to compel the 
owners ot lots or ground fronting or adjoining any private or 
public alley, to keep the same clean, and, if necessary, to 
direct the same to be paved, planked or otherwise and the 
costs thereof to be assessed and collected in the same manner 
as sidewalk assessments. 

^ 0. All owners or occupants of lots or lands in front of Duty of ovvnc-g 
or adjoining or upon whose premises tlie city council shall 
order and di-rect side-\valks or private drains, communicating 
with any main drain, to be constructed, graded, repaired, re- 
laid or cleansed, or shall declare any such land or lots to be 
nuisances, and order the same to be graded, tilled up and 
drained or otherwise improved, shall make, grade, repair, 
or relay such side-walk, or make, repair ur cleanse such pri- 
vate drain, or grade, HUup, drain or otherwise improve such 
lot or land, at their own cost and charges, within the time 
and in the manner prescribed by the city council, by order, 
resolution or otherwise ; and if not done within the time 
and in the manner prescribed, the city council may cause 
the same to be constructed, repaired, relaid, cleansed, tilled 
up, graded, drained or otherwise improved, and assess the 
expenses thereof by an order to be entered in their proceed- 
ings, upon the lots and lands respectively, and collect the 
same as other taxes on real estate are collected in other 
cases. A suit may also be maintained against the owner or 
occupant of such premises for the recovery of such expenses, 
as for money paid and laid out to his use at his request : 
Provided^ hoiceve?', that the city clerk shall give notice of ProTi»o. 
the time within and the manner in which any such duty 
labor is required to be done or performed, by ordinance, 
order or resolution of the city council, by publishing an ad- 
vertisement in some newspaper printed in said city ; and a 
copy of said advertisement, with the certificate of the pub- 
lisher thereto attached, shall be received as evidence in all 
courts in this state, of the fact of such notice being given. 



^)2 CITIES. 

Kxtending as- § 7. All taxGs and assessments levied or assessed on an^ 
sessmenrs. ^0^1 estate, imder the provisions of this article, shall be ex- 
tended and set down by the city clerk in a separate coliunn 
on the assessment list for the current year, opposite to such 
real estate, and shall be collected in all respects as other 
taxes in said assessment list; and in case any of said real 
estate is sold for taxes, the deeds to the purchases of the 
same shall be made and acknowledged by the city clerk, as 
in otlier cases of sales for taxes, and shall be evidence of the 
same tacts as deeds made to purchasers of property for other 
taxes under the next article of this act, and shall have the 
.'roviso. same force, in all respects: Provided, hoicever, thatif any 

taxes or assessments authorized to be levied or made by the 
provisions of this article are not levied or made by the city 
council by the tenth day of August in each current year, 
then and in that case the clerk shall extend the same on the 
assessment list for the next current year. 

§ 8. All taxes and assessments levied under and by vir- 
tue of the provisions of this article, shall be a lien upon the 
land or real estate upon w^hich the same are levied, from 
and after the time the same are levied, until the same are 
collected and paid. 

Akticle YIII. — Collection of Taxes and Assessments. 

Geaerai taxes. § 1. The city council shall have power to levy and col- 
lect, annually, taxes not exceeding five mills to the dollar 
on the assessed value of all real and personal estate and 
property within the city of Warsaw, and all personal pro- 
perty of the inhabitants thereof, made taxable by the law^s 
of the state for state purposes, to defray the general and 
contingent expenses hot herein otherwise provided for, and 
to pay the same annual interest on internal improvement 
bonds heretofore issued and which may be hereafter issued 
under the provisions of this act, which taxes shall consti- 
tute the general fund. 

Railroad tax. § ^' ^^^ annually levy and collect taxes on all property, 
both real and personal, within the limits of said city, sub- 
ject to taxation, and all personal property of the inhabitants 
thereof, to pay the principal and interest which has accrued 
or which ma}^ hereafter accrue upon any bonds which may 
have been issued or which may hereafter be issued by the 
said city as subscription to the capital stock of any railroad 
company, which tax shall be deemed a special tax, and pay- 

Provisiou to able in gold and silver only; and the city council shall pass 

meet interest, j^^j ordinance or resolution incurring or creatiiig a debt, 

without, at the same time, making provision for the levying 

a tax sufficient to meet the payment of the interest accruing 

theruon, when payable. 

§ 3. The city council, in levying the tax for the general 
fund of said city, as provided in section hrst in this article, 



CITIES. 3^3 



to 



shall auniially set apart a sufficient portion thereof to pay Special tax 
the interest which has accrued or may accrue on any inter- ^^ ijJT^rovf- 
pal improvement bonds which have heretofore or may here- ment bonds, 
after be issued by said city, and which portion of the gene- 
ral revenue, when so set apart, shall be deemed a special 
tax, and payable in gold and silver only, and shall be car- 
ried out in a separate column in the list of the collector, and 
by him collected for that purpose, and shall not be subject 
to, or by said city council appropriated tor, any other pur- 
pose whatever; nor shall any other special tax authorized Provision if the 
to be levied by the provisions of this act, be subject to be Sapiue^l ^* 
used or appropriated by said city council, or any of the offi- 
cers thereof, for any other purpose than the particular one 
for which the same was levied and collected ; and any con- 
tract made with any person or persons or body politic, in 
respect to any of the moneys arising from any sj^ecial tax 
authorized under this act, or any payments made for any 
indebtedness whatever, except Ibr the purpose for which the 
same was so raised, shall be absolutely void ; and the moneys 
so paid, used or loaned may be recovered back by suit in 
any court of competent jurisdiction, from the person or per- 
sons or body pohtic receiving the same, by the holders of 
the interest coupons, whenever the same shall become due, 
or by any person or persons who woidd have been entitled 
to the same or any part thereof, if appropriated to the ob- 
fects expressed, in such sum or sums as he or they may at 
the time be respectively entitled to receive out of said spe- 
cial tax or taxes. 

§ 4:. The city coimcil shall have the power to levy and Tax on schoo; 
collect, annually, not exceeding two and one-half mills on bonds, 
each dollar of the assessed value of all real and personal 
property within the hmits of said city, subject to taxation, 
and on all personal property of the inhabitants thereof, to 
pay the principal and interest due or hereafter to become 
due on all the bonds heretofore issued for the purpose of 
constructing a school house in said city, known as " School 
House Bonds,'' issued by virtue of an act entitled an act to 
amend an act to incorporate the city of AYarsaw, approved 
February Yth, 1857, which said bonds are hereby declared 
legal and binding on said city, until the same are all paid 
or otherwise discharged by the holders thereof; which said 
tax shall be deemed a special tax and payable in gold and 
silver only. 

§ 5. The city council of said city shall have power an- j^g^e^aoj-s 
nually to elect an assessor or assessors and fix their compen- 
sation, and, in case of death, to elect another or others, and 
in case of their neglect or inability to perform his or their 
duties, to remove the same and to elect another or others ; 
and the assessor or assessors elected to fill the place of any 
assessor or assessors so removed, deceased or resigned, shall 



304: 



CITIES. 



Collectors. 



Kxnmptioru 



Personal pro- 
perty. 



Oath. 



Assessment. 



Description. 



liave tlie same power and perform the duties, as required by 
the original assessor or assessors. 

§ 6. " The city council shall have power annually to elect 
a collector or collectors, and in case of death, to elect an- 
other or others, and in case of neglect, resignation or in- 
ability to perform his or their duties, to remove the same 
and elect another or others'; and the collector or collectors 
elected to till any vacancy shall have the same power and 
perform the same duties required of the collector whose 
office was so made vacant. 

§ 7. The city council shall have power to exempt any 
species of property from taxation under this act which is 
exempt from state tax under the laws of this state. 

§ 8. The words personal property, as used in this act, 
shall be held to mean all moneys, credits, investments in 
bonds, stocks, joint stock companies, choses in action, and 
all other property, other than real property, whether ani- 
mate or inanimate, subject to ownership; and the words 
personal estate shall have the same meaning, when used in 
this act, as the words personal property. 

§ 9. The term oath, whenever used in this act, shall be 
held to mean oath or affirmation. Every word in this act, 
importing the masculine gender, may extend and be applied 
to lemales as well as males. Every word in this act, im- 
porting the singular number, may extend and be applied to 
the^plural as well as singular number. Whenever the words 
tracts, lots and blocks are mentioned in this act, it shall be 
held to apply as well to parts of tracts, parts of lots and 
parts of blocks, as to whole tracts, lots and blocks. 

§ 10. The words real property, whenever used in this 
act, shall be held to mean real estate. 

§ 11. The assessor shall, in each year, make an assess- 
ment of the taxable property, according to his best judg- 
ment of the value thereof, and shall make out a list of the 
same, showing the names of the owners, when they can be 
ascertained, a description of the property, w^hether real or 
personal, assessed to each, and the amount of his valuation 
of the same. 

§ 12. The description shall be in numerical order, in 
case of real estate, so far as practicable, and in case the pre- 
sent owner of any real estate can not be ascertained, the 
same shall be assessed in such numerical order as unknown. 
But in case the present owner of any real estate is ascer- 
tained by listing or otherwise, and whenever any owner of 
real estate ohall neglect or refuse to list the same, it shall be 
the duty of the assessor to perform such listing in his or 
their names ; then such real estate shall be assessed to the 
owner or owners thereof, respectively. The assessor shall 
subdivide lots by correct descriptions, when the same are 
owned in parts by ditferent individuals, and when he can 
ascertain such ownership and description with reasonable 



CITIES. 305 

. certainty, and shall assess to each his part only. Persons 
I residing in the city shah dehver to the assessor a list of their 
I property, both real and personal, on or before the first day 
! of July in each year. The assessor shall also, in cases 
i where such list is not furnished, or is not satisfactory, call 
, upon each taxpayer, when practicable, and request a list of 
i his or her property, subject to taxation by the city, and 
I assess the same. 

§ 13. The assessor shall have power to examine any per- Examination 
son, under oath, touching the amount and value of the real and "'^'^^^ <^^t^- 
. personal property which the person is required to Hst ; and 
if any person shall swear falsely, he or she shall be deemed 
guilty of perjury and hable for the same under the criminal 
law of the state, as in other cases of perjury ; and in case 
of the refusal of any person to swear or affirm, the assessor 
shall be governed in his assessment by the best information 
he^can obtain, and his own judgment. 

§ 11. The assessor or assessors, before entering upon Oath 
the duties of his oflice, shall take and subscribe, before some 
justice of the peace or police magistrate, an oath or afiirma- 

tion, as near as may be in the following form : "I, 

do solemnly swear (or afiirm,*as the°case mav be,) that I 
will faithfully, diligently and impartially perlbrm all the 
duties required- of me by law as assessor of the city of War- 
saw, and especially that I will value and assess for taxation 
to the several owners thereof, (as far as the same can be as- 
certamecl,) aU property, real and personal, which is subject 
to taxation m said [city], according to my best judgment, at 
Its true value, in accordance with the provisions of the con- 
stitution of the state of lUiuois.'' 

§ 15. The assessor shall make the assessment herein- Return, 
before provided for, between the fii'st day of May and the 
first day of August in each year, and shall, on or before the 
f last named day, retiu'n a complete assessment list into the 
I office of the city clerk, there to remain for public inspection 
for the period of fourteen days, during which time all per- 
sons feehng aggrieved may file with the city clerk their 
complaint, in writing, briefly setting forth wherein they 
deem themselves aggrieved by said assessment, and de- 
' scribing the property of the assessment of which they com- 
plain. 

J 16, ^ The assessor shall, upon said return being made, Notice, 
give notice in some pubhc newspaper printed in the city of 
VV arsaw, that the assessment for that vear is completed and 
deposited in the city clerk's office, and wiU there remain for 
the period of fouiteen days for pubhc inspection, and re- 
quest all persons, feeling aggrieved, to fiJe their complaint 
aforesaid, before the expiration of said period, with the city 
clerk: Provided^ hov:ever^ that the city council may extend 
the time for making the return, and in case the time is ex- 
tended, such notice shall be given and complaints filed after 



306 CITIES. 

said return is made, for tlie same length of time and in 
same manner as if said return had been made on the first 
day of August. 

Correction. § lY. So soon as practicable after the expiration of the 
period mentioned for inspection of said assessment and 
filing complaints against the same, the city council shall 
meet, and the city clerk shall lay before the council said as- 
sessment list, together with all complaints aforesaid touch- 
ing the same; and the council, together with the assessor, 
if practicable, [shall] carefully examine all complaints filed, 
and shall make such alterations and amendments in said 
assessment list as shall be deemed just and equitable. They 
shall also cause any additions to be made to said list, of pro- 
perty found to be omitted, or which may not have come to 
the knowledge of the assessor, and if, in any event, any 
real estate shall be omitted for any year or years, the same, 
when ascertained, shall be equitably assessed and the back 
taxes thereon collected, with the taxes of any current year. 
The city council shall cause all errors in said list to be cor- 
rected, so far as practicable, and the total amount of taxable 
property to be ascertained as near as can be, and the same 
to be set down at the end of said hst. The said assessment 
list, when examined and corrected as aforesaid, shall be cer- 
tified to by the assessor as near as may be in the following 
form : " I do certify that the foregoing assessment list for 
the city of Warsaw for the year contains a true assess- 
ment of all the taxable property within said city for said 
year. • , city assessor." And shall file said assess- 
ment list with the city clerk, and shall take from said clerk 
a receipt for the same, showing the total amount of taxable 
property, which receipt he shall file with the city treasurer. 

Levy. § 18- The city council shall, as soon as practicable, after 

the said list is corrected and the amount of taxable property 
ascertained, proceed to levy such a sum or sums of money 
as may be sutficient for the several purposes for which taxes 
are authorized to be levied, not exceeding the authorized 
per centage, particularly specifying the purposes for which 
the same are levied, which levy shall be recorded in the 

^ records of the city, and shall be and form a part thereof. 

Lien. § 19. All taxes and assessments, general and special, levied 

or assessed by the city council under this act, shall be a lien 
upon the real estate upon Avliich the same may be levied, 
imposed or assessed for two years from and after such levy, 
and on personal property from and after the delivery of the 
assessment list or roll to the collector for the collection thereof 
until paid, and no sale or transfer shall afi'ect the lien; any 
personal property belonging to the debtor may be taken and; 
sold for the payment of taxes due from said debtor on real 
or personal estate; and the real estate shall be liable for the, 
taxes on personal pro^Derty in case of removal or when thd 
tax cannot be made out of the personal property, in the same 



CITIES, 307 

manner as is prescribed by tlie laws of this state : Provided^ 
that in case the collection of any assessment shall be delayed 
by injunction or other special proceedings, the same shall 
continue a lien, imless set aside, upon the real estate for the 
period of two years from and after the final disposition of 
such injunction or other judicial proceeding. 

§ 20, The city clerk shall, within thirty days after the Copy, 
lev}^ of the tax by the city council, make out a fair copy of 
said assessment list, and rule therein separate columais, in 
which the tax leaned shall be respectively set do^^m opposite 
the name of the person or such real estate subject thereto, 
and shall attach to said assessment list a warrant, signed by Warrant, 
the mayor or acting mayor and clerk, with the corporate 
seal thereto attached, authorizing the collector to collect the 
sums of money so levied in said assessment roll or list, and 
pay the same over to the city treasurer and take his receipt 
for the same, and shall deliver the same to the collector and 
take the collector's receipt for said assessment list, showing 
the total amount of taxable property and the total amount 
of taxes therein, which receipt he shall file in his ofiice. 

§ 21. The collector, before receiving said assessment list. The collector to 
shall give bond with security, to the satisfaction of the city ^^^ ' 
council, to the city of Warsaw, in a j^enalty of double the 
amount of the whole taxes in said list, and conditioned for 
the faithful discharge of his duties in the collection of the 
city taxes and for the payment thereof, by him fo be collected 
into the city treasury, which bond shall be filed with the 
city clerk. 

§ 22. The collector shall, upon the receipt of said assess- Coiiecticc. 
ment list, forthwith proceed to the collection of the taxes 
therein specified, and for that purpose shall call at least once 
on the person taxed or at his usual place of residence or 
business, if in the city, and shall demand payment of the 
taxes charged to him on his property, and the oath of the 
collector shall be allowed in all cases to j^rove such demand: 
Provided, however, that the collector may give notice of the 
time and place when and where he will attend with the tax 
list and receive taxes, which notice sliall be pubhshed in 
some newspaper in said city, and shall be published twice, 
and such notice shall be deemed a demand, and a neglect to 
pay taxes for twenty days thereafter shall be deemed a 
refusal. 

§ 23. In case any person shall refuse or neglect to pay Nonpayment, 
the tax im.posed on him, the collector shall levy the same by 
distress and sale of the goods and chattels of the person 
who ought to pay the same: Provided, hawever, that the 
collector shall have power to c<:)llect said taxes, with interest 
and costs, by suit, in the corporate name of the city, inany 
court of competent jurisdiction, and no set-oii' shall be 
allowed in any such suit 



308 CITIES. 

Seizure. § 2Jr. The coUector may, after demand and refusal, as 

aforesaid, and before, in case of probable loss to tlie city 
revenue of tax due the city on any property, real or personal, 
on said tax list, seize any personal property of the owner or 
any person having listed or consented to the listing in his 
name, or any property which has been duly listed by the 
assessor as hereinbefore provided, of such property, of suffi- 
cient value to satisfy the taxes and costs due thereon, and 
may, from time to time, make such further seizm-e as may 

Sale. be necessary for that purpose ; he shall cause any property 

so seized to be advertised for sale ten days, by posting a 
notice thereof in front of the city clerk's office in the city, 
containing a description of the property, and stating the 
time and place of sale thereof, or by pubhshing a similar 
notice once in some newspaper published in said city, which 
notice shall be published at least ten days before the day of 
sale, and on the day of sale shall seU the same at public 
vendue, at the place named in said notice, to the highest 
bidder, and apply the proceeds to the satisfaction of the 
taxes and costs, for which the same was seized, after deduc- 
ting five per centum for making such seizure and sale, and 
shall pay the overplus, if any, to the owner thereof, on 
demand ; the said tax list shall be a sufficient warrant for 
the collector to make such seizure and sale ; and in all cases 
arising under this act the said assessment list shall be evidence 
on the part of the city. 

Payment. § 25. Any person may pay taxes on such portion of any 

real estate as he may have claim to : Provided^ he will furnish 
the collector with a plain and certain description thereof. 
Upon the payment of any tax to the collector, he shall make 
an entry in his tax list of the name of the person paying; 
and if the payment is made on j^roperty by difierent descrip- 
tion, or in different parts or parcels from the description 
thereof made by the assessor and shown by said tax list, 
he shall enter a particular description thereof and of the 
amount paid, and shall deliver to the person paying a receipt, 
stating the time of payment, by whom payment is made, a 
correct and a plain description of the property paid on, the 
total amount paid, and the year or years for which the taxes 
are paid. 

Delinquent list. § 26. After having made due effort to collect the taxes 
due on said tax Hst, and on or before the ffrst day of January 
in each year, the collector shall return said tax hst into the 
office of the city clerk, there to be tiled and remain, and 
shall also, at the same time, make out and return to the city 
clerk a delinquent list, truly taken from said tax list, of the 
taxes remaining unpaid thereon, and for which he can find 
no personal property to satisfy the same and costs. The 
collector shall append to said delinquent hst an affidavit, as 
near as may be, in the following form : "I do solemnly swear 
(or affirm, as the case may be,) that the foregoing dehnquent 



CITIES. 



309 



list contains a true copy from the tax list of the city of 
"Warsaw for the year 18 — , of the taxes remaining unpaid 
on said Kst, and for which I can find no personal property 

to satisfy the same. , collector ;" which oath or 

affirmation may be administered by any person qualified to 
administer oaths under the laws of this state: Provided^ 
hoicever^ that the city council may extend the time for the 
collector to return for fifteen days. 

§ 27. Upon the return aforesaid of said original and statement, 
delinquent tax list, the city council shall, so soon as pratica- 
ble, examine the same, and shall allow and credit the collector 
with all delinquent taxes in said delinquent hst contained, 
which they shall be satisfied could not hi.ve been collected 
by due diligence, and shall make final settlement with the 
collector of the revenue aforesaid collected by him. Upon 
the examination and settlement aforesaid, the city clerk shall 
receive and file the said delincpient tax list, and shall execute 
to the collector his receipt therefor, showing the total amount 
of taxes remaining unpaid on said delinquent list, which 
receipt the collector shall file with the city treasurer, and 
the city clerk shall from thenceforth stand charged with the 
collection of said delinquent taxes. 

^ § 28. The, city council may, from time to time, by order, 
direct the collector to pay into the city treasury all taxes 
collected by him, or to make settlement therefor with the 
city council, and in case of default of the collector in any 
matter material to the security or collection of the city 
revenue under this act, the city council shall cause the 
collector's bond aforesaid to be put in suit for such default. 

§ 29. The city clerk shall give bond, with security, to Bond, 
the satisfaction of the city council, to the city of Warsaw, in 
a penalty of double the amount of taxes remaining upaid 
on the said delinquent tax list, and conditioned for the 
faithful discharge of his duties as collector of the delinquent 
tax list, and for the payment of the moneys collected thereon 
into the city treasury, which bond shall be filed with the 
city treasurer, and the city clerk shall thereupon be author- 
ized to receive the taxes unpaid on said delinquent tax hst, 
and shall have the same power to collect the same by distress 
or otherwise, in all respects that the collector had. 

§ 30. The city clerk shall, as soon as practicable, after Advertisement 
receiving said list, publish an advertisement in some news- 
paper printed in the city of Warsaw, which advertisement 
shall be published once, and shall be pubhshed at least 
twenty days previous to the term of the county court of 
Hancock county, at which judgment may be prayed, and 
said advertisement shall contain a hst of the delinquent 
tracts, lots and blocks within said city, upon which the taxes 
remain due and unpaid, the names of the owners, if known, 
and the amount of taxes and costs due thereon, and the year 
or years for which the same are due, and notice that he will 



310 CITIES. 

aj^plj to the county court of said Hancock conntj at tlie 
next term thereof for judgment against said tracts, lots and 
blocks for said taxes and costs, and for an order to sell said 
tracts, lots and blocks for the satisfaction thereof, and shall 
also give notice that on the third Monday next succeeding 
the day fixed by law for the commencement of the term of 
said com-t at which judgment may be rendered, all the 
tracts, lots and blocks for the sale of which an order shall 
be made, will be exposed to public sale at the office of the 
city clerk in the city of Warsaw, for the amount of said 
taxes and cost due thereon; and the advertisement published 
according to the provisions of this section, duly certified to 
by the publisher of the paper in which the same shall appear, 
shall be deemed and taken to be sufficient legal notice, both 
of intended application of the clerk as aforesaid to the 
county court for judgment, and also of the sale of said lots, 
tracts and blocks under the order of said com-t. 
Continuance. § 31, And if for any cause the county court of said 
Hancock county shall not be holden at the term at which 
judgment is prayed, the cause shall stand continued, or the 
coimty judge may, in his discretion, continue the cause until 
the next regular term thereafter, and at the term to which 
said cause is continued the court shall hear and determine 
the matter : Provided^ however^ that in case of the death of 
the county judge or for any other cause, the county court of 
said Hancock county is not held at any term to which 
application shall be made for judgment, or any term to 
which said cause shall be continued, then and in that case 
said cause shall stand continued until the fii'st regular term 
of said court shall be holden. 

DeUnquent list § 32. On the first day of the term of the county court 
at which judgment on delinquent tracts, lots and blocks is 
prayed, it shall be the duty of the city clerk to report to the 
county clerk a hst of all the tracts, lots and blocks within 
the city of "Warsaw, on which the taxes remain due and 
unpaid, to which list the city clerk shall append an affidavit 
in the following form. "I , clerk of the city of War- 
saw, county of Hancock, and state of Ilhnois, do solemnly 
swear, (or affirm, as the case may be,) that the foregoing is 
a true and correct record of the delinquent tracts, lots and 
blocks within the city of Warsaw aforesaid, for the year or 
years therein set forth, on which the taxes have not been 
collected, that said taxes now remain due and unpaid, and 
that due notice of application for judgment and of sale has 
been given as required by law." Said affidavit to be entered 
on the record at the bottom of said list and signed by the 
city clerk. The oath may be administered by any justice of 
the peace or the clerk of the county court. 

Examination. § 33. The court shall examine said list, and if defence 
or objection be oflered by any person interested in any of 
said tracts of land, lots and blocks, to the entry of judgment 



CITIES. 311 

against the same, the coiu't shall hear and determine the 
same in a summary manner, without pleadings, and shall 
pronounce judgment as the right of the case may be, and 
in case judgment is rendered in favor of the city of Warsaw 
thereon, shall direct the clerk to make out and enter an order 
for the sale of said lands, which order shall be substantially 
in the following form: "Whereas due notice has been given 
of the intended application for a judgment against said lands, 
and no owner hath shown good cause why judgment should 
not be entered against the said lands for the taxes and costs 
due and unpaid thereon for the year or years herein set forth, 
it is therefore considered by the court that judgment be and 
is hereby entered against the aforesaid tracts, lots and blocks, 
in the name of the city of Warsaw, for the sum annexed to 
each tract or parcel of land, lots or blocks, being the amount 
of taxes and costs due severally thereon; and it is ordered 
by the court that the said several tracts of land, lots and 
blocks, or so much thereof shall be sufficient of each of 
them to satisfy the amoimt of taxes and costs annexed to 
them severally, be sold at the office of the city clerk within 
and for the city of Warsaw, in the county of Jlancock, and 
state of Illinois, as the law directs." Said order shall be 
signed by the judge and shall have the same effect as judg- 
ments and orders made by the circuit com-t. Persons owning 
any of the tracts, lots or blocks included in said list, feeling 
themselves aggrieved by any decision of the county court in 
such cases, shall have the right of appeal, as in other cases, 
to the circuit court of Hancock county, by giving bond and 
security in double the amount of the taxes and costs charged 
on the tracts, lots and blocks owned and claimed by them, 
which bond shall be payable to the city of Warsaw, and 
approved by the county judge. 

§ 31. And in case any appeal shall be taken from the Appeal, 
county com't as aforesaid, it shah be the duty of the court 
in which the case is finally disposed of, if the judgment be 
in favor of the city of Warsaw, to direct the time and 
place of sale of said lands, tracts, lots and blocks ; and the 
sr.id lands, tracts, lots and blocks shall be sold on the day 
and at the place prescribed in said order, and such sale 
shall be as valid and binding in all respects as if the said 
appeal had not been taken, and the sale shall be conducted 
in the same manner in all respects as if no such appeal had 
been taken. 

§ 35. And the city of Warsaw may appeal from any 
decision of the county com-t, the same as any person; but 
the city of Warsaw shall in no case be requu-ed to give 
bond in apj^ealing from the decisions of said court made on 
application for judgment for taxes. 

§ 36. The city clerk shall, before the day of sale, make Record, 
a correct record of the lands and town lots, blocks and tracts, 
against which judgment is rendered in any suit for taxes 



312 CITIES. 

due tliereon, and wliicli shall set forth the name of the 
owner, if known, the descrii^tion of the property and the 
amount due on each tract or lot in the same order as said 
property may be set forth in the judgment book, and shall 
attach thereto a correct copy of the order of the court and 
his certificate of the truth of said record, which record so 
attested, shall hereafter constitute the process on which all 
real property shall be sold for taxes, as well as the sales of 
said property ; when any tract of land or town lot or block 
shall be sold, it shall be the duty of the clerk to enter on 
the record aforesaid the quantity sold and the name of the 
purchaser opposite such tract or lot in the blank column 
provided for that purpose, and when any such property shall 
be redeemed from sale the clerk shall enter the name of the 
person redeeming, the date and amount of redemption, in 
the proper columns; said book shall be so ruled that there 
shall be suitable blank columns for entering the quantity or 
portion of each tract or lot that may be sold, the name of 
the purchaser, and such other columns as may be deemed 
necessary, said book shall be called the sale book. 
Payment be- § 37. Any persoii may pay the taxes and costs remain- 
fore sale. -jjg unpaid on any tract, block or lot in said delinquent list, 
at any time before sale of the same, and the clerk shall, upon 
said payment, make the same entry in said delinquent list, 
and deliver to the j)erson paying the same a receipt therefor 
as is hereinbefore required in case of payment of taxes 
before judgment. 
Mannei of sale, § 38. Ill Selling Said tracts, lots and blocks, in accordance 
with the order of the county court or any other court, the 
city clerk shall ofier the whole of each tract, lot or block, as 
described in said list, for sale for the amount of taxes and 
cost due thereon, and the person at such sale ofiering to pay 
the taxes and costs charged on each tract or lot for the least 
quantity thereof, shall be the purchaser of such quantity; 
when a j^ortion of a lot, tract or block shall have been struck 
off on any such bid, it shall be taken off the east side of 
said lot, tract or block, extending the whole length of said 
side, provided said lots have a northerly or southerly front, 
and from the north side extending the whole length as afore- 
said, shoidd said lots or blocks have an easterly or westerly 
front. 
Sale. § 39. At the time of sale mentioned in the notice afore- 

said, the city clerk shall proceed and sell, at the place named 
in the said notice, the several tracts, lots and blocks in said 
list described, upon which the taxes and costs or any portion 
thereof shall remain unpaid, for the satisfaction of such taxes 
and costs; and if no bid shall be made for any tract, lot or 
block offered of the amount of taxes and costs thereon, the 
same shall be struck off to the city of Warsaw, and the said 
city, which is hereby authorized to become the purchaser at 
any such sale, shall be regarded as the purchaser thereof. 



CITIES. 313 

and a certificate of purcliase therefor shall issue to said city 
in its corjDorate name, and said city shall, in all other re- 
spects, be treated as other prnx-hasers. The city clerk shall Certificates of 
receive all moneys at said sale, and shall execute to the Purchase, 
several prnx-hasers, certificates of purchase, stating the name 
of the purchaser, the date of the pm*chase, the year or years 
for which the taxes accrued, the amount for which said tract 
was purchased, and a plain description of the property pur- 
chased. 

§ 40. The city clerk shall pay over all moneys by him Final settle^ 
received for taxes, by sale or otherwise, on said delinquent ™^° * 
tax list, to the city treasurer, and report to the city council 
the property sold to the city, and the amount of tax due 
thereon, and the city council shall allow him for the amount 
of tax aforesaid. As soon as practicable, after said sale, the 
city council shall make a final settlement on said delinquent 
tax list with the clerk, and make a record of the same. 

§ 41. If any real property shall be doubly assessed or Errors, 
assessed before it became taxable, and the taxes so errone- 
ously assessed, shall have been paid, the city coilncil on ap- 
plication of the person paying the same, or his agent, and 
being satisfied of the facts in the case, shall cause said taxes- 
to be refunded, and if any collector or clerk shall receive 
the taxes properly due on any real property, aiid said pro- 
perty shall afterwards be sold for the same taxes, he shall 
refund to the purchaser thereof, if application be made 
within two years from the date of said sale, double the 
amoimt of the purchase. Any collector or clerk neglecting 
or refusing to pay as recjuired by this section, shall be liable 
to the holder of the certificate of pmxhase or his legal rep- 
resentatives, in an action of debt in any court havinaj com- 
petent jurisdiction of the amount of said debt. 

§ 4:2. The clerk may continue any sale of delinquent Sale to be con- 
property under this act, from day to day, until all the tracts *^°"^ ' 
of land, lots and blocks, contained in the delinquent list, on 
which taxes and costs remain unpaid, shall be sold or off'ered 
for sale. 

§ 1:3. In all advertisements for the sale of lands for Adx.erti3ement 
taxes, and in entries required to be made by the clerk or 
other ofiicer, letters and figures may be used to denote town- 
ships, ranges, sections, parts of sections, lots, blocks, parts of 
lots and parts of blocks and surveys, and the amount of 
taxes and costs, and the clerk in computing and extending 
the tax on any lot, tract, block or personal property shall, in 
no case, regard the fractions of a cent in said computation. 

§ 41:. If any collector or city clerk shall die, be removed Vacancy in the 
from ofiice, resign, or whose term of ofiice shall expire, be- i^^^y^ °^ ^^^' 
fore the completion of any and all duties required of them, 
respectively, by the provisions of this act, his or their suc- 
cessor or successors in ofiice, shall, and they are hereby au- 
thorized and required to proceed and complete the same in 



314 



CITIES. 



Jurisdiction. 



Redemption' 



eveiy respect as fiillj as if such deatii, removal, resignation 
or expiration of office had never taken place. 

Evidence. § 45. The books and records belonging to the office of the 

city clerk of tlie city of "\Yarsaw, or copies thereof, certified 
by said clerk, shall be deemed sufficient evidence to prove 
the sale of any land for taxes, the redemption of the same 
or payment of taxes thereon. 

§ 46. jSTo sale of real estate for taxes shall be considered 
invalid on account of the same having been charged in any 
other name than that of the rightfnl owner. 

§ 47. The county court of Hancock county, in the state 
of Ilhnois, shall liave original jurisdiction of suits for taxes 
due on real property, on application for judgment against 
said real property, whether such court be sitting for the trans- 
action of county or jDrobate business. 

§ 48. Keal property sold under any of the provisions of 
this act, may be redeemed at any time before the expiration 
of two years from the date of sale, on complying with the 
following conditions: Fu'st — Paying in specie to the city 
clerk of said city of Warsaw double the amount for which 
the same was sold, and all taxes accruing under the provis- 
ions of this act, after such sale, with ten per cent, interest 
thereon from the day of sale, unless such subsequent tax 
has been paid by the person for whose benefit the redemp- 
tion is made, which fact may be shown by the collector's 
receipt. Second — Paying in specie all the taxes legally 
levied or assessed on the same under the laws of this state, 
other than those levied under this act after such sale, with 
ten per cent, interest thereon. But in no case shall the per- 
.. son or persons be required to pay any tax other [than] the 
taxes levied under the provisions of this act, unless the 
amount of the same ancl the year or years for which the 
same were levied, is entered on the sale book. 

Infants. &c. § 49. If the real estate of any inflmt, feme covert oi 

lunatic be sold, under this act, the same may be redeemed 
at any time within one year after such disability be removed, 
upon complying with the conditions specified in the last pre- 
ceding section, which redemption may be made by them- 
selves, their heirs, their guardians or legal representatives. 
But in no case shall any infant, feme- covert or lunatic or 
their heirs, guardians or legal representatives, be allowed to 
redeem any greater interest or quantity of said land than 
they owned at the day of sale, and shall pay in proportion 
to the whole amount due on said land according to the in- 
terest which they redeem. 

Purchaser. g 50. The purchaser of any real property for taxes under 

this act, his heirs or assigns may ])resent to the city clerk 
the proper officer's receipt showing the payment of any tax 
or taxes legally assessed on said real property, subsequent 
to said purchase, except for the taxes^ assessed on the said 
-property under the provisions of this act, the year or years 



CITIES. 315 

for "wliicli said tax was paid, and the amount thereof; and 
it shall be the duty of the citj clerk, on the presentation of 
such receipt, to enter and set down, in the sale hook, oppo- 
site said real estate, the amount and the year or years for 
which said tax was paid, and any person wishing to redeem 
said property shall pay the tax so entered in the sale book, 
with the interest thereon. 

§ 51. On the payment of the redemption money, as re- Certificate of 
quired by this act, the city clerk shall execute to the person reflfempiion. 
redeeming, a certificate stating the date of the sale, the year 
or years for the taxes of which the sale was made, and the 
amount of tax or taxes that may be entered on the sale book 
as having been paid subsecpient to said sale, with the interest ' 

thereon, and the amount of taxes levied under this act paid 
subsequent to said sale, and the interest thereon, the name 
of the person to whom sold, the amount for which the same 
was sold, a plain description of the property sold and re- 
deemed, the name of the person redeeming and the amount 
paid thereon, and shall make an entry opposite the property 
redeemed in the sale book, of the date of the redemption, 
the name of the person redeeming and the amount paid 
thereon. The person receiving such certificate shall pay to 
the clerk the sum of twenty-five cents. 

§ 52. It shall be the duty of the city clerk to make a Si)eciai depo- 
special deposit with the city treasurer of all' moneys re- ^^^®- 
ceived for redemjjtion, except his fees, particularly specify- 
ing on what property and from what sale the same was re- 
ceived, and take the treasm-er's receipt for the same and file 
it in his office ; and the city treasurer shall j^ay the amount 
so deposited to the purchaser, his heii's or assigns, on de- 
mand and presentation of the certificate of purchase, and 
the person receiving such redemption money shall receipt 
the same in a book kept by the treasurer for that purpose : proviso. 
Provided, hcnoever, that the presentation of the deed to said 
property from the clerk shall be deemed the same as the pre- 
sentation of the certificate, and if any redemption money 
deposited with the treasurer and not called for at the expira- 
tion of his office, said treasm-er shall dehver to his successor 
in office and take his receipt for the same. 

§ 53. Any infant, /erne covert or lunatic, his, her or their infants, &c 
heu's, guardians or legal representatives, wishing to redeem 
any real property sold under this act, after the expiration of 
two years from the day of sale, shall make oath or affirma- 
tion in wiiting, before the clerk, of their right to redeem 
said property, setting out their interest in said property and 
the facts as to their disability, at the time the said property 
was sold, and of theii' right to redeem, which oath or aifii-m- 
ation shall be considered _/;>rma^/<5!<?26e^ddence of such right, 
and the clerk shall file said oath or affirmation in his office, 
and for the taking and filing such oath or affirmation, shall 
be allowed the sum of twenty-five cents, to be paid by the 



CITIES. 



person or persons cashing to redeem. Any person swear- 
ing falsely, in such oath or affidavit, shall be deemed guilty 
ofperjury, and punished accordingly. 

§ 54. After the expiration of two years from the day of 
sale of any real property sold under the provisions of this 
act for taxes, the purchaser thereof, his heirs or assigns, 
shall be entitled to a deed therefor, provided, the same shall 
not have been previously redeemed, and provided such pur- 
chaser, his heirs or assigns, shall have complied with the 
j^rovisions of the next section of this act, and the city clerk 
shall, in such case, upon the surrender of the certificate of 
purchase thereof, execute to such purchaser, his heirs or 
assigns, a deed for such property. 

§ 55. The purchaser of any real property under this act for 
taxes, his heirs or assigns, shall, at least three months before 
the expiration of two years from the time of sale, cause to 
be served on every person in possession of any such real 
estate, a written notice of such purchase, in which notice he 
shall state when he pm-chased said tract, lot or block, a de- 
scription of such tract, lot or block, and when the time of 
redemption will expire. In like manner, he shall serve on 
the person or persons in whose name or names such tract, 
lot or block is taxed, a similar wTitten notice, if such person 
or persons shall reside in the county of Hancock ; and in 
the event that the person or persons in whose name or names 
such tract, lot or block is taxed, do not reside in the county 
of Hancock, he shall publish such notice in some newspaj)er 
printed in said county, which notice shall be inserted three 
times, the last time being not less than three months before 
the expiration of two years from the time of sale of such 
property. The purchaser, his heirs or assigns, shall, before 
a deed is executed to him, by himself or agent, make an 
affidavit of his having complied with this section, stating 
particularly, the facts relied on as such compliance, which 
affidavit shall be delivered to the city clerk and by him filed 
in his office, and entered on the records of his office and 
carefully preserved among the files of his office, and which 
record or affidavit shall be prima facie evidence that such 
notice has been given. In case any person shall be com- 
pelled under this section to publish a notice in a newsj^aper, 
then, before any person who may have a right to redeem 
such real estate from such tax sale shall be permitted to re- 
deem, he shall pay to the city clerk the printer's fees for 
publishing such notice, and costs of being sworn to such 
affidavit and of filing the same, as aforesaid: Provided^ that 
the fee for such publication, where the notice does not in- 
clude more than four tracts or lots, shall be one dollar, and 
the printer shall be allowed twenty cents for each additional 
tract contained in said notice. Any person swearing falselyy^ 
in the affidavit required by this section, shall be deemed 
guilty of perjury and punished accordingly. 



CITIES. 817 

§ 56. In case tlie city of Warsaw is tlie purchaser of any Purchase by 
real property for taxes or assessments under this act, then, "^^• 
and in that case, if the certificate of purchase has not been 
assigned, the city marshal of said city is hereby authorized, 
and empowered to give the notice and make the affidavit 
required in the last preceding section in the name and in 
the behalf of said city. 

§ 57. In case any purchaser, his heirs or assigns, shall Duplicate. 
have lost, or for any cause is unable to ]3roduce his certifi- 
cate of purchase, the city clerk shall execute a duplicate 
certificate thereof, upon such j^erson filing with him an affi- 
davit of such loss or inability to produce the same and that 
the same is his rightful property. 

§ 58. The certificates of purchase for taxes under this Assignmen 
act, shall be assignable by indorsement on the back, and 
when so assigned, the assignee or assignees, shall be vested 
with the same rights, and shall be entitled to receive a deed 
of such premises in his own name, and with the same efiect 
as though he had been the original purchaser. 

§ 59. And in case the city of Warsaw shall be the holder 
of any such certificate of purchase, then the same may be 
assigned by the mayor by his indorsing his name on the 
back of such certificate. 

§ 60. All the notices and advertisements required to be Certificate of 
published or which are authorized to be pubhshed under P^^"^*^^- 
this article in any newspaper, the certificate of the printer 
or publisher, with a written or printed copy of such notice 
or advertisement annexed, stating the number of times which 
the same shall have been published, and the date of the fh'st 
and last papers containing the same, shall be sufficient evi- 
dence of the publication therein set forth. 

§ 61. All deeds made to purchasers or their heirs or Deeds, 
assigns, of tracts, lots or blocks of ground, sold for any tax 
or assessment, by order of the city council of said city of 
Warsaw, shall in all controversies and suits in relation to the 
right of the purchaser, his heirs or assigns, to the premises 
thereby conveyed, hQ^rima facie evidence of the following 
facts ; 

First. — That the taxes or assessments were not paid at any 
time before the sale. 

Second. — That the land conveyed had not been redeemed 
from the sale at the date of the deed. 

Third. — That the purchaser has given the notice or notices 
at the time, and in the manner and upon the person or persons, 
and filed with the clerk of said city the affidavit required 
by section 55 of this article, [and] has in every respect com- 
plied with section fourth of article ninth of the constitution 
of this state, required of premises [purchasers] at tax sales, 
before being entided to receive a deed therefor, and conclu- 
sive evidence of the foUowiuo^ facts: 



CITIES. 

Mrsf. —Thut the land, tract, lot or block was subject to 
taxation or assessment at the time tlie same was advertised 
for sale, and had been listed and assessed in the time and 
manner required by law. 

Second. — That the land or lot was advertised for sale for 
the length of time and in the manner required by law. 

Third. — That the land was sold for taxes or assessments 
as stated in the deed. 

Fourth. — That the grantor in the deed was the purchaser. 

Fifth. — That the collector had made his return in the time 
and manner required by law. 

Sixth. — That the sale was conducted in the manner re- 
quired by law, and in all controversies and suits invohung 
the title to land or lots claimed and held under and by \ur- 
tue of such deed, the person or persons claiming title ad- 
versely to the title conveyed by such deed, shall be required 
to pro^'e, in order to defeat the said title, either that the taxes 
or assessments had been paid, or that the same had been re- 
deemed, according to the provisions of this act, and that such 
redemption was made for the use and benefit of the person 
having the right of redemption under this act, but no person 
shall be permitted to question the title acquired by said deed 
vrithout first showing that he or the person from whom he 
derives his interest, had title to the land or lot at the time 
of sale, or that the title was obtained from the United States 
or of this state, after the sale, and that all taxes due upon 
the lands or lots have been paid by such person or the per- 
son under whom he claims title as aforesaid. 

§ 62. The deed made by the city clerk, under this act, 
shall be signed by the city clerk, and, on being properly ac- 
knowledged before some ofiicer having the right to take 
acknowledgments of deeds in this state, the same may be 
read in evidence in any court in this state, without proof. 

§ 63. There s! lall be allowed, for collecting the city rev- 
enue, from taxes and assessments, the following fees : 

To the collector and clerk, on all moneys collected by 
them, three per centum. 

To the clerk, for copying the assessment roll and extend- 
ing the tax thereon, three cents on each tract, and on per- 
sonal property, three cents on each ]3erson's personal pro- 
perty, wdiich items shall be paid by the city of Warsaw. 

And the following fees, which shall be a charge on the 
real property on which the same accrued as costs, and the 
person paying the tax on or purchasing said real property, 
at the sale, shall pay the same : 

FirBt. — To the city collector, for making out and return- 
ing delinquent tax list, three cents on each tract, lot or block. 

Second. — To the printer, for publ'shing the delinquent 
tax list notice, on each tract, lot and block, five cents. 

Third. — To the city clerk, for making copy of delinquent 
list for printer, two cents on each tract, lot or block. 



CITIES. 319 

Fourth.- — To the clerk, for making out list of delinquent 
lands for judgment, three cents on each tract, lot or block. 

Fifth. — To the clerk, for making sale, on each tract, lot 
or block, and entering the same in sale book, eight cents. 

And the following fees, which shall be paid bj the person 
wishing the services: 

To the citj clerk, for issuing duplicate certificate of pur- 
chase in case of loss, twenty-five cents; for making each deed 
on tax sale, and acknowledging the same, one dollar. 

And all other expenses arising out of the city revenue, 
from taxes or assessments, shall be laid before the city coun- 
cil, by the person interested, to be acted on by them, and 
allowed or disallowed, as shall to them appear equitable. 

§ 64. The city clerk is hereby authorized and empower- Deeds, 
ed to make deeds to the purchaser, his heirs or assigns, of 
any lots or real estate sold on the 22d day of March, A. D. 
1858, for taxes due the city of Warsaw for the current year 
of A. D. 1857, under the laws of this state and the ordi- 
nances of the said city ot Warsaw, unless said lots or real 
estate shall be redeemed, according to the ordinances of said 
city. And when the said deed or deeds is properly acknow- 
ledged, before some officer empowered to take acknowledg- 
ments of deeds in this state, the same may be read in evi- 
dence, in all courts and places, without further proof. 

§ 65. The deeds made by the city clerk, und-er and by Evidence, 
virtue of the power conferred on said clerk, by section 64 
of this act, shall be evidence of the same facts and things in 
all courts and places, as deeds made for property sola for 
taxes under the provisions of this act, and the same validity 
shall be given to them, in all respects, as may be given to 
deeds made for sale of lands for taxes, under this act. 

§ QQ. The assessments and levy for taxes, by the city of Aasesaementle- 
Warsaw, for the current year, A. D. 1858, hereby legalized s^^^^^^- 
and made valid and binding in all respects, and in case any 
real estate is sold for taxes due the city of Warsaw for the cur- 
rent year, A.D. 1858, the sale shall be made by the city clerk, 
and shall be made and conducted, in all respects, in conform- 
ity to the provisions of this act, and the same rights of re- 
demption Irom such sale shall exist as from sales made un- 
der the provisions of this act, and none other, and the pur- 
chaser shall give the notice required by this act, and the 
clerk, in case said property is not redeemed according to the 
provisions of this act, shall execute deeds to the purchasers 
or their heirs or assigns, as authorized by this act, and such 
deeds shall be evidence of the same facts and in the same 
manner as deeds made for lands sold for taxes, under the 
provisions of this act, and this act shall extend to and ajDply, 
in all respects, to the collection of taxes due the city of War- 
saw for the current year, A. D. 1858, from and after its pas- 
sage, the same as if said taxes had been levied and assessed 
under the provisions of this act. 



320 CITIES. 

m 

§ 67. It shall be the duty of the secretary of state, im- 
mediately after the passage of this act, to furnish the said 
city of Warsaw a copy of the same, duly certified to. 

Article IX — Board of Health. 

Board of health § 1- The board of health shall consist of three or more 
commissioners, to be appointed, annually, by the city coun- 
cil; and the mayor, or presiding oflicer of the city council, 
shall be president of the board, and the city clerk shall be 
their clerk and keep minutes of its proceedings. 

Duties. § 2. It shall be the duty of health officers to visit every 

sick person who may be reported to them, as hereinafter pro-' 
^aded, and to report, with all convenient speed, their opinion 
of the sickness of such person to the clerk of the board, and 
to visit and inspect all houses or places in which they may 
suspect any person to be confined with any pestilential or in- 
fectious disease, or to contain unsound provisions or damaged 
or putrid animal or vegetable matter or other unwholesome 
article, and to make report of the state of the same, with all 
convenient speed, to the clerk of the board. 

§ 3. All persons in the city, not residents thereof, who 
may be infected with any pestilential or infectious disease, or 
aU things which, in the opinion of the board, shall be infect- 
ed by or tainted with pestilential matter, and ought to be re- 
moved so as not to endanger the health of the city, shall, by 
order of said board, be removed to some proper place, not 
exceeding five miles beyond the limits of the city, to be pro- 
vided by the board, at the expense of the person to be re- 
moved, if able ; and the board may order any furniture or 
wearing apparel to be destroyed, whenever they may deem 
it necessary for the health of the city, by making just com- 
pensation. 

Penalty. § 4. The city council shall have power to prescribe the 

powers and duties of the board of health, and to punish, by 
fine or imprisonment or both, any refusal or neglect to obey 
the orders and regulations of the board. 

§ 5. The health officers may be authorized by the city 
council, when the public interests require, to exercise, for the 
time being, such of the powers and perform such of the 
duties of the marshal or supervisor as the city council may, 
in their discretion, direct, and shall be authorized to enter 
all houses and other places, private or public, at all times, in 
the discharge of any duty, under this act, or any ordinance. 

Duty of physi- § 6. Every person practicing physic in this city, who 

clans. ' gliall have a patient laboring under any malignant, in- 
fectious or pestilential disease, shall forwith make report 
thereof, in writing, to the clerk of the board, and for neglect 
to do so shall be considered guilty of a misdemeanor, 
and liable to a fine of fifty dollars, to be sued for and 



CITIES. 321 

w 
recovered, with costs, in an action of debt in any court 
having cognizance thereof, or before a justice of the peace, 
for the use of the city. 

Akticle X — Fii'e Departmmit. 

§ 1. The city council, for the purpose of guarding against Fire limits, 
the calamities of lire, shall have power to prohibit the erec- 
tion, placing or repairing of wooden buildings within the 
limits prescribed by them, without their permission, and di- 
rect and prescribe that all buildings, within the limits pre- 
scribed, shall be made or constructed of hi'e proof materials, 
and to prohibit the rebuilding or repairing of wooden build- 
ings, within the fire limits, when the same shall have been 
damaged to the extent of hfty per cent, of the value there- 
of, and to prescribe the manner of ascertaining such dam- 
age; to declare all dilapidat6<:l buildings to be nuisances and 
to direct the same to be repaired, removed or abated, in such 
manner as they shall prescribe and direct ; to declare all 
wooden buildings, within the lire limits, which they may 
deem dangerous to contiguous buildings or in causing or 
promoting hres, to be nuisances and to require and cause the 
same to be removed or abated, in such manner as they shall » 
prescribe. 

§ 2. The city council shall have power — Powers of 

Firat. — To regulate the construction of chimneys and 
flues so as to admit of chimney sweeps or other mode Chim-.evs. 
of cleaning, and to compel the sweeping and cleaning of 
chimneys. 

Second. — To prevent and prohibit the dangerous construc- 
tion and condition of chimneys, flues, fire-places, stove pipes, 
ovens or any other apparatus used in or about any building 
or mauLifactory, and to cause the same to be removed or 
placed in a secure and sate condition, when considered dan- 
gerous. 

TJiird. — To prevent the deposit of ashes in unsafe places, Ashes. 
and to appoint one or more officers to enter into all build- 
ings and inclosures, to* examine and discover whether the 
same are in a dangerous state, and to cause such as may be 
dangerous to be put in safe condition. 

liQurih. — To require the inhabitants to provide as many Fire bucket*. 
tire buckets, and in such manner and time, as they shall pre- 
scribe, and to regulate the use thereof in times of fire, and 
to require all owners or occupants of buildings to construct 
and keep in repair wells or cisterns upon their premises. 

Fifth. — To regulate and prevent the carrying on of man- 
ufactories and works, dangerous in promoting or causing 
fires. 

Sixth. — To regulate, prevent and prohibit the use of fire- Fire-works, 
works and fire-arms. 



Cl'iiLS. 



CMnibustiblcs 



fences 



Fire engines. 



Firemen. 



Enuiiieers. 



H xeinplious. 



Seventh. — To direct and prohibit the management oi 
houses for the storing of gunpowder and other combustible 
and dangerous materials within the city; to regulate the 
keeping and conveying of the same, and the nse of candles 
and other lights in stables and other like houses. 

Eighth. — To regulate and prescribe the manner and order 
the building of parapet and partition walls and of partition 
fences. 

Ninth. — To compel the owners or occupants of houses or 
other buildings to have scuttles in the roofs and stairs or 
ladders leading to the same. 

Tenth. — To authorize the major, fire w^ardens or other of- 
ficers of said city to keep away from the vicinity of any fire 
all idle and suspicious persons, and to compel all officers of 
the city and all other persons to aid in the extinguishment of 
fires and in the preservation of property exposed to danger 
thereat, and in preventing goods from being stolen. 

Jjleventh.^And^ generally, to establish such regulations 
for the prevention and extinguishment of fires as the City 
council may deem expedient. 

g 3. The city council may procure tire engines and all 
other apparatus used for the extinguishment of fires, and 
have the charge and control of the same, and provide fit 
and secure houses and other places for keeping and j^reserv- 
ing the same ; and shall have power — 

First. — To organize fii^e, hook, hose, ax and ladder com- 
panies. 

Second. — To appoint, during their pleasure, a competent 
number of able aud reputable inhabitants of the citj^ fire- 
men, to take the care and management of the engines and 
other apparatus and implements used and provided for the 
extinguishment of tires. 

Third. — To prescribe the duties of firemen and to make 
rules and regulations for their government, and to impose 
reasonable p^enalties upon them for a violation of the same, 
and for incapacity, neglect of duty or misconduct to remove 
them. 

Tourth.— The city council shall h^ve power to appoint a 
chief and assistant engineers of the fire department, and they, 
with the other firemen, shall take the care and manage- 
ment of the engines and other apparatus and implements 
provided and used for the extinguishment of fires, and their 
powers and duties shall be prescribed and defined by the 
city council. 

§ 4. The members of the city council and firemen shall, 
of service as 



during their terms 



such, be exempted from 



in the militia or working on the streets or 



serving on jurie 

paying any tax for the same. The name of each fireman 
shall be registered with the clerk of the city, and the evi- 
dence to entitle hun to the exemption provided in this sec- 



CITIES. 32o 

tion shall be the certilicate of the clerk, under the -corpo- 
rate seal, lor the year in which exemption is claimed. 

Article XI — Schools and School Fund. 

§ 1. All of the territory lying within the corporate limits School district, 
of the said city of Warsaw, with such other territory as may 
be hereafter incorporated with and .come under the jurisdic- 
tion of said city, is hereby erected into a common school 
district to be known as t]?,e "Warsaw School District." 
Whereas, by an act, approved February 7th, A. D. 1857, Preamble, 
the limits of said city of Warsaw was extended, em- 
bracing, in said extension, many of the persons under the 
age of twenty-one years, inhabitants of the town of Yv^il- 
cox, v/ho had at that time and still have a large fund for 
the support of common schools, ai'isiug from the sale of 
school lands, invested in notes and mortgages. And, 
whereas, by said law extending said limits no provision 
was made for any division of said school fund of said 
Wilcox; therefore, said city of Warsaw is hereby de- 
clared to be entitled to so much of said funds as said chil- 
dren, so annexed to said city and were taken from said 
town of Wilcox, bear to the whole number of persons 
J under twenty-one years of age in said town of Wilcox 
i- at the time of the passage of said act, viz : said 7th Feb- 
I ruary, 1857. 

I § 2, The treasurer of the said town of Wilcox and the C- -..i-^uttec 
treasurer of said city, respectively, and their successors in 
ofHce, are hereby appointed a committee, and it is made their 
duty to ascertain the census of all the persons in said town 
of Wilcox, under the age of twenty-one years, on the 7th 
of February, 1857 ; and also the number of such persons so 
. annexed to said city of Warsaw and taken Ironi said town 
of Wilcox, and apportion the distributive share of said funds 
■on hand at the date aforesaid. It is hereby made the duty 
of the treasurer of the said town of Wilcox, having charge 
of said school funds, and he is hereby authorized to pay 
over to the treasurer of the city of Warsaw, for the use of 
schools in said city, so much of said town of Wilcox's school 
' funds as the proportion such persons, under the age of twen- 
ty-one, so annexed to Warsaw, bear to the whole number of 
said persons, under twenty-one years of age, in said Wilcox, 
at the time of such annexation ; and said fund, when so 
received by said city of Warsaw, shall be added to the prin- 
cipal school fund thereof, 

§ 3. It shall further be the duty of said treasurer of said ^"^-^^^^ ^^'^'^' 
town of Wilcox, who has charge of said school funds, to 
pay over to the treasurer of the city of Warsaw, for the use 
of schools in said city, so much money, received from the 
state of Illinois, through the county school commission- 
\ er, for said Hancock county, including state, school, col- 



nrer. 



Uoaid of ed- 
I cation. 



:3-i4 CITIES. 

lege and seminary funds, as said treasurer of Wilcox re.r 
ceived for tlie year 1858, on accouiit of the scliollars thus 
set oil' and annexed to Warsaw, oh demand. 

§ -J:. The care and sujjerintendence of the common 
schools within the city of Warsaw, together with the funds 
and estate, both real and personal, belonging to and which 
may be conveyed to the Warsaw school district, shall de- 
volve upon the "Board of Education," (to be hereafter 
provided,) for said Warsaw school district; and the city 
council of the city Warsaw shall have power to make all 
laws and ordinances necessary and proper for the manage- 
ment of said common schools, upon recommendation of the 
§ame by the boai;d ot education. 

§ 5. The present board of education of said city shall 
hold their olhces, as shall be determined by lot, to be made 
a matter of record on the minutes of the proceedings of the 
city council — one of them vacating his office at the termina- 
tion of the present fiscal year, and two annually thereafter; 
and the city council shall a|)poiut two members of said board 
on their meeting for the appointment of other city officers 
next to be hoi den, and two annually thereafter, and shall 
also nil all vacancies as they, from time to time, shall occur; 
and the member so elected to Hil a vacancy shall hold his 
office as long as the person whose place he tills could have 
held. Said board of education shall consist of six mem- 
bers, and they shall hold their offices for the terms for which 
they shall severally be appointed, and until others shall be 
elected and qualitied in their stead. 

§ 6. Said board of education, in said city, shall be deem- 
ed and are hereby created a body politic and corporate, by 
the name of the "Board of Education of the AYarsaw School 
District," and, by that name, may sue and be sued, plead and 
be impleaded, answer and be answered unto, in all courts 
and places whatever, and to have perpetual succession. 
They may exercise all the powers that school trustees of 
townships and boards of directors in the school districts, 
generally, throughoLit the state, now do, by law, or may do 
by any law hereafter passed, except the right to levy taxes 
for any pur230se whatever. Said board of education may 
make, from time to time, all such rules and regulations tor their 
own government and for the government and management 
of the public schools, in said city^ and for the management 
of, custody and care of all the schools, school funds and 
school property belonging, at any time, to said Warsaw 
school district ; and shall, from time to time, recommend to 
the city council the passage of any laws in relation to the 
management, government or control of the schools or school 
property belonging to said district ; and the city council are 
hereby empowered to pass any such laws, so recommended, 
and they shall be binding and in force from such passage. 



i'jdy politic. 



CITIES. b20 

I t. All the estate, both real and personal, belonging to 
faid citj of Warsaw, for the nse of schools, and all the 
funds, notes, mortgages and moneys belonging to said city, 
for the use of schools, or which may hereafter come into 
possession or control of s-aid city, is hereby declared to be 
fuUy vested in said board of education and in their succes- 
sors in. office forever. And said board of education are em- 
powered to receive conveyances of any real estate or per- 
sonal property. Said board of education shall hold stated 
and regular meetings once in each month, the time to be 
designated by resolution of said board. 

§ 8. The clerk of the city of Warsaw shall be the clerk Ck k. 
of said board of education. The treasurer of the city of 
Warsaw shall be treasurer of the school funds. Said 
board shall, annually, after the appointment or election of 
tlie new member, elect one of their number for president of 
the board. 

§ 9. Said president of the beard of education is hereby 
specially empowered to sell and convey, by deed of quit 
claim, at private sale, to Isham Cochran or other persons, 
the school house and lot on AYebster street^ in said city of 
Warsaw, whenever ordered by said board so to do. 

§ 10. A majority of the said board of education shall Qiioiuti! 
constitute a quorum for the transaction of all business. It 
shall be the duty of the board of education to caiise an ab- 
stract of the whole number of white children under the age 
of twenty-one years in the AYarsaw school district, to be 
furnished to the school commissioners of Hancock county, 
on or before the second Monday of October, annually. And 
the school commissioner of said Hancock county shall an- 
nually pay to the treasurer of said board of education tlie 
proportion of schocl, college and seminary fund to which 
the said Warsaw school district may be entitled ; and said 
Warsaw school district shall be entitled to their portion of 
said fund, according to the school law of the state. 

§ 11. The members of the board of education shall be 
allowed two dollars each for every regular meeting of said 
board that they shall attend. The clerk of said board shall 
be allowed two dollars for each regular meeting of said 
board, and one dollar for each called or special meeting of 
said board. 

§ 12. The city of Warsaw is hereby authorized [and] em- Special tax. " 
powered to levy a special tax, not Exceeding one-eighth of 
one per cent, per annum in each year, on all taxable proper- 
ty in said city : Provided, the same shall be recommended 
by the board of education of said city, the proceeds of which 
said tax shall be wholly applied to the support of common 
schools in said city, in the same manner as the interest 
arising from the permanent school fund, and to no other 
purpose. Said tax is to be collected in the same manner 



\ 



526 CITIES. 

and under the same regulations that other city taxes are col- 
lected. 

v,ti ,;i. § 13. All actions and rights of action which have ac- 

crued to the city of "Warsaw, for the use or beiiefit of the 
Warsaw school district, shall be vested in the board of edu- 
cation of the Warsaw school district. 

i%.-uchev-. § li- Said board of education shall have the care and 

management of the public schools, and may elect all such 
instructors as they may deem proper, and remove the same 
vrhenever they consider it expedient. 

§ 15. The board of education shall examine such per- 
sons as propose to teach in the public schools in said district, 
in relation to his or her qualiiications to teach such things 
or branches as he may deem necessary ; and if it shall be 
satisfied that such person sustains a good moral character, is 
apt to teach, possesses good governmental qualities and is 
properly qualified to teach such branches as will be required 
of him or her, it shall forthwith give such person a certifi- 
cate of c^uaiilication, and the said board of education may 
revoke said certificate for gross immorality, incompetency 
or other adequate cause. 

:--iu:es. s? 16. The duties of teachers shall be prescribed by the 

board of education and made a matter of record by the 
clerk of said board on the book containing the proceedings 
of said board. 

Treasurer — His Duties. 

Vveasuie:. § 1^° The treasurer appointed by the city council shall,- 

before entering upon his duties, execute a bond, with two or 
more freeholders, who shall not be members of the board, 
as securities, payable to the board of education for which he 
is appointed treasurer, with a sufficient penalty to cover all 
liabilities which may be incurred, conditioned faithfully to 
perform all ^-he duties of treasurer of the board of education 
of the Warsaw school district, according to law. The secu- 
rity shall be approved by at least a majority of the board, 
and shall be deli\-ered by one of the board to the clerk of 
the board of education. And in all cases where such trea- 
surer aforesaid is to have the custody of all bonds, mort- 
gages, moneys and effects denominated principal and be- 
longing to the Warsaw school district for w^hich he is 
appointed treasurer, the penalty of such treasurer's bonds 
shall be tw^ice the amount of said bonds^ notes, mortgages^ 
moneys and effects. And every treasurer appointed subse- 
quent to the first, as herein provided, shall execute bond 
with security, as is required of the first treasurer. The 
bond required in this section sliall be in the following form, 
viz : 



CITIES. 

State of Tllixois, ) ^, 
Hancock couutij. \ "'" 

Know all men by these presents that we. A.. B. C. D. and E. F., are held and Bond, 
firmly bound, jointly and severally, unto the board of education of the Warsaw 

school district, in the penal sum of dollars, for the payment of which we 

bind ourselves, our heirs, executors and administrators firusly by these presents. 

In witness whereof we have hereunto set our hands and seals this day of 

, A. D. 1?—. 

The conditition of the above obligation is such that if the above bounden A. B., 
treasurer of the boatd of education of the Warsaw school district, as aforesaid, 
shall faithfully discharge all the duties of said office according to the laws which 
now are or may hereafter be in force, and shall deliver to his successor in office all 
moneys, books, papers, securities and property in his hands as such treasurer, 
then this obligaiion to be void, otherwise to remain in full force and virtue. 

A B. [seal.] 

C. D. [SEAL.1 

E. F. [seal.] 
Approved and accepted by G. H. 1 
I. J. I 
K L. y Board. 

M. :^^. 
0. r. 

§ 18. Said board of education shall have power to pre- 
scribe the mode of keeping the treasurers books. 

§ 19. The treasurer of said board shall loan, upon the Loans. 
following conditions, all moneys which may come to 1ms 
hands l3y virtue of his office, except such as may be subject 
to distril3ution: The rate of interest shall be ten per cent, 
per annum^ payable triennially in advance. The time for 
which loans shall be made shall not be less than six months 
nor more than live years. For all sums not exceeding one 
hundred dollars, loaned for not more than one year, 
security shall be given by mortgage or deed of trust on real 
estate, unincumbered^ in value double the amount loaned^ 
with a condition that, in case additional security shall at 
any time be required, the same shall be given to the board 
of education for the time being. iS^otes, bonds, mortgages 
and other securities taken for money or other property due 
to or become due to the board of education for the Warsaw 
school district, shall b^ payable to the said board by their 
corporate name, and in such name suits, actions and com- 
plaints and every description of legal proceedings may be 
had for the recovery of money, the breach of contracts and 
for every legal lia])iiity which may at any time arise or ex- 
ist or upon which a right of action shall accrue to the use 
of this corporation : Provided^ hott'^vet^ that the principal Proviso, 
of said school fund may be invested in any bonds issued by 
the city of Warsaw, when the interest on said bonds will 
amount to a larger sum than on the amount of said princi- 
pal so invested, the above rate herein provided, whenever 
the said board of education shall deem it to be for the 
benelit of said schools so to invest. And all such bonds of 
said city, so purchased, shall be deemed to be owing to said 
board of education, who may enforce the payment of the 
principal and interest upon the same as they shall severally 



328 CITIES. 

become due, iu tlieir corporate name, although said bonds 
may, by tlieir terms, be payable to bearer or to any other 
persons ; and said city shall be compelled to pay all interest 
and the principal upon said bonds to said board of educa- 
tion, under all the penalties and liabilties that might or 
could accrue to any other holder of said bonds : And pro- 
vided,, also^ that notes, bonds, mortgages and other securities 
which are payable to the city of Warsaw, for the nse of the 
Warsaw school district, shall be valid to all intents and pur- 
poses; and suit may be brought on the same in the name of 
the board of education as aforesaid. The wife of the mort-^ 
gagor (if he has one) shall join in the mortgage or deed ot 
trtist given to secure the payment of the money loaned by 
virtue of the provisions of this act. 
t.i()itgaecj3. § 20. Mortgages or deeds of trust to secure the pay- 

ment of money loaned under the provisions of this act, may 
be in the form prescribed by the 58tli section of "An act to 
establish and maintain a system of free schools," approved 
February 16, 1857^ which mortgage shall be acknow- 
ledged and recorded as is required by law for other eonvey- 
aiices of real estate, the mortgagor paying the expenses of 
acknowledgment and recording, and fifty cents as a fee to 
the treasurer of the board of education, 
itreach of coi> § 21. Upou the breach of any condition or stipulatioii 
'"'^"^"' contained in said mortgage, an action may be maintained 

and damages recovered as upon other covenants, and the 
same may be foreclosed in equity ; but mortgages made in 
any other form, to secure paynient as aforesaid, shall be 
valid as if no form had been prescribed. In estimating the 
value of real estate mortgaged to secure the paj^menf of 
money loaned under the provisions of this law, the value of 
improvements liable to be destroyed shall not be included, 
litioiiar =2- § -2. Iu all cases where the board of education shall re- 
quire additional security for the payment of money loaned, 
and such security shall not be giv'^n, the treasurer shall 
cause suit to be in.stituted for the recovery of the same, and 
all interest thereon to the date of judgment: Provided,, that 
proof be made of the said requisition.* In the payment of 
debts by executors and administrators, those due said board 
of education shall have a preference over all other debts^ 
except funeral and otlier expenses attending the last sick- 
ness, not including the physician's bill And it shall be the 
duty of the treasurer to attend at the ofiice of the probate 
justice, upon the proper day, as other creditors, and have 
any debts due as aforesaid probated and classed, to be paid 
as aforesaid, 
niit. § 23. If default be made upon the payment of interest 

due upon money loaned by the treasurer, or in the payment 
of the principal, interest at the rate of fifteen per ceut. per' 
annum shall be charged upon the principal and interest 



-■unty. 



cittes. * '^29 

from the day of default, wliicli shall be included in the 
assessment of damages or in the judgment in suit or 
action brought upon the obligation to enforce payment 
tjjereof; and interest as aforesaid may be recovered iil 
action brought to recover interest only, with said fifteen per 
cent, interest upon the same from the time that it is due. 
And the said treasurer is hereby empowered to bring ap- 
propriate actions in the corporate name of said board of 
education, for the recovery of the triennial interest, when 
due and unpaid, without suing for the principal, in whatever 
form secured ; and justices of the peace shall have jurisdic- 
tion in such cases of all sums of one hundred dollars and 
under. 

§ 21. All suits brought or actions instituted under the Suits, 
provisions of this act may be brought in the name of the 
board of education of the Warsaw school district, except as 
is provided for action qui tarn in this act. The treasurer of 
the board of education shall demand, receive and safely 
keep, according to laAv, all moneys, books and papers of 
every description belonging to the school fund. He shall 
keep the school fund loaned at interest, and if, on the first 
Monday of October iii any year, there shall be any interest 
or other funds on hand which shall not be required for dis- 
tribution, such amount not required as aforesaid may, if the 
board of education see proper, forever be considered as 
principal in the funds to which it belongs, and loaned as 
such or expended for librarv apparatus. 

§ 25. On the lirst Mondays of April and October of Statement 
every year, the treasurer shall lay before the board of edu- 
cation a statement showing the amount of interest, rents, 
issues and profits that have accrued or become due since 
their last regular half-yearly meeting, on all the j^roperty of 
said Warsaw school district. He shall also lay before the 
said board all books, notes, bonds, mortgages and all other 
evidence of indebtedness belonging to the school fund, for 
the examination of the board, and shall make such other 
statement as the said board may requirej touching the duties 
of his office. 

§ 26. For anv failure or refusal to perform all the duties Failure to per- 
required of the treasurer by law, he shall be liable to the ^orm duties, 
board of education^ upon his bond, to be recovered by an 
action of debt by said board, in their corporate name, for 
the use of the school fund, before any court ha\'ing juris- 
diction of the amount of damages claimed ; but if said 
treasurer, in any such failure or refusal, acted under and in 
conformity to a requisition or order of said board, or a ma- 
jority of them, entered upon their journal and subscribed 
by their president and clerk, then and in that case thd 
members of the said board aforesaid, or those of them 
voting for said requisition or order as aforesaid, and not the 
treasurer, shall be liable, jointly and severally, to the inha- 



!80 



CITIES. 



Principal 
school fund 



Payment of 
ff'nd. 



bitants of the "W^arsaw school district, to be recovered by 
action of assumpsit in the official name of said board. 
Jcsignation or § 27. When a treasurer shall resign or be removed, and 
'•''^^'''- at the expiration of his term of office he shall pay over to 
his successor iii office all money on hand, and deliver over 
all books, notes, bonds, mortgao-es and all other secm'ities 
for money, and all papers and documents of every descrip- 
tion in which this corporation may have any interest what- 
ever ; and in case of the death of the treasurer, his securi- 
ties and legal representatives shall be bound to comply with 
the requirements of this section ; he shall be liable to a 
23enalty of not less nor more than one hundred dollars, 
at the discretion of the court before which judgment may be 
obtained ; and the obtaining or payment of said judgment 
shall in no wise discharge or diminish the obligation of his 
official bond. 
of § 28. No part of the principal of said school fund shall 
ever be distributed or expended for any pui'j)ose whatever, 
except the interest, rents and proHts thereof, but shall be 
loaned out and held to use, rent or profit, as herein, here- 
tofore, or may hereafter be provided by law. 

§ 29. School funds, collected from taxes levied by the 
city council or from the sale of property belonging to the 
Warsaw school district, shall be paid out on the order of the 
board; and all moneys and school funds liable tb distribu- 
tion, not being principal, paid into the treasury or coming 
into the liands of the treasurer, shall be paid out only on 
the order of the board, signed by the clerk and counter- 
signed by the president ; and for all payments made, re- 
ceipts shall be taken and filed ; and in all such orders shall 
be stated the purposes for which or on what account drawn, 
and all such orders, together with the receipt of the person 
to whom paid, shall be filed in the office of the clerk. 

§ 30. All salaries at any time due to any officers of said 
city of Warsaw shall be paid by the city council in ordi- 
nary general vou^;hers at par, and all such officers shall re- 
ceive the same in full payment of ^11 such salaries and ser- 
vices due from said city, unless it be for cash paid out by 
them. 

§ 31. Said board shall hold a meeting as soon as practi- 
cable after the return of the books of the city assessor, an- 
nually, and shall determine, by estimate, as nearly as they 
can, the entire amount of money necessary to be expended 
in said district to keep in good condition and operation a 
sufficient number of free schools for the accommodation of 
all the children in said district, during the ensuing year, 
over and above the available means arising from the school 
fund or other sources, and also such additional amount as 
the board may think necessary for the exclusive purpose of 
supplying any deficiency in the fund for the payment of 
teachers and for the purpose of extending the terms of 



Salaries. 



Estimate. 



crriESo 



331 



schools after the state or common school funds shall have 
been exhausted, and shall certify the same to the clerk of the 
city conncil, to be by him levied ( laid] before said city council 
us soon thereafter as practicable ; and the city council shall ^^^' 
cause said tax to be levied on all the taxable j^roperty of the 
citizens of said district and city for that year, and cause the 
same to be collected in cash, as other special taxes are col- 
lected, and at the same time : Provided^ the same shall not Proviso, 
exceed the sum of one-eighth of one per cent, on the valua- 
tion. 

§ 32. Any person or persons owning land, or residing ^5?^^*!^°^ ^'^ 
around or adjacent to said city, within two miles thereof, 
may, v\'itli his or their consent, be annexed to said Warsaw 
school district, and school taxes may be levied and collected 
upon the land and property of such persons subject to taxa- 
tion by the city collector, in the same manner as school 
taxes within the said district, and said Warsaw school dis- 
trict shall be entitled to all the benefits arising from such 
annexation, as is provided l)y the general school law of this 
state, as in the division of school districts, and upon such 
annexation said AYarsaw school district shall be entitled to re- 
ceive, and may recover of the township from which any 
such territory may be taken, a distributive share of the 
school fund oi said township, in proportion to the number 
.of children under the age of twenty-one years, so annexed, 
bears to the number remaining in said township, and also to 
receive the same distributive share of the state school fund 
that said township would have received on account of said 
children : Provided^ said children had remained therein : 
Provided^ that all be done in accordance with, and nothing 
in conflict with, the school law of the state. 

Article XII — Miscellaneous Provisions. 

§ 1. The city council shall, at least ten days before the Annual state - 
annual election in each year, cause to be published in the ™^°^- 
newspaper publishing the ordinances of the city, a correct 
and full statement of the receipts and expenditures from the 
date of the last annual report, together with the sources 
from whence the former are derived, and the mode of 
disbursement, and also a distinct statement of the whole 
amount assessed, received and expended in the respective 
wards and divisions for making and repairing streets, high- 
Ways and bridges for the same period, together with such 
information as may be necessary to a full understanding of 
the financial concerns of the city. 

§ 2. The inhabitants of the city of Warsaw are hereby street labor 
exempted from working upon any rr)ad or highway beyond 
the limits of the city, and from paying the tax in lieu thereof 
without said limits. 



CiTIEg. 



exemption 



'aupers. 



^'umbering lots 
<Mu' block's. 



§ 8. The supervisor shall demand the services of all 
pei'sons who are required to labor on the streets and alleys 
of the city, at such time and place and in such manner as 
the city council may direct, or the supervisor shall deem 
necessary; he shall deliver or cause to be delivered or left 
at the usual place of abode or business of any person so 
required to labor as aforesaid a written or printed notice or 
partly written or printed notice, in such form as the city 
council shall prescribe, which notice shall be given at least 
five days previous to the first day on which he or they are 
required to labor, requiring such person to appear at such 
time and place as may be designated, for the purpose of 
laboring upon the streets and alleys; but a similar notice, 
published for teii days in the newspa,per publishing the 
ordinances of the city by the supervisor, or posted up in 
three of the public places of the ward or district, shall be 
deemed a sufficient notice to require all persons to appear 
and labor as aforesaid. Upon the neglect of any person to 
appear and labor as aforesaid, or to pay the tax in lieu 
thereof, the collector shall collect from each person in the 
same manner as other taxes, the sum of three dollars, with 
his commission for collecting the same added thereto, or 
the same may be recovered by suit, With costs, as in other 
cases. 

§ 4. The county of Hancock shall be exempt from the ■ 
support of any citizen of said city who may become a 
pauper; but the city council shall provide for the support and 
care of all paupers belonging to the said city and pass such 
ordinances and regulations as they shall deem proper for the 
purposes thereof; in lieu of the support of paupers as afore- 
said. The real and personal property of the inhabitants of 
said city shall be exempt from all tax for county purposes. 

§ 5. All fines, forfeitures and penalties collected' for 
ofiences committed within said city shall be paid into the 
treasury of said city by the officers collecting the same, and 
all fines and forfeitures collected of any citizen of said city 
for any conviction in the circuit court shall be paid over in 
like manner. 

^ 6. The city council shall have power to cause the blocks 
and lots of the city to be surveyed, platted and numbered 
in consecutive niimbers, from one upwards, and to designate 
and number all fractional or other lots or blocks, in such 
manner as they may prescribe by ordinance; and such plat, 
designation or number, M'hen made and duly recorded, shall 
be a good and valid description of said blocks and h>ts; to 
to establish, mark and declare the boundaries and names of 
streets and alleys; to require that all additions hereafter 
made to said city, or all lands adjoining or within the same, 
laid out into blocks or lots, shall be so laid out and platted 
as to correspond and conform to the regular blocks, streets 
and alleys already laid out and established within the city. 



CITIES. 



333 



§ T. The city council shall, in all expendiUires for pur^DOses Local expeudi- 
strictly local, expend, annually, in the several natural divis- ^"^^^• 
ions ot the city, such proportion, as fiear as may be, of the 
whole expenditures for like purposes dui-ing the same period 
as will correspond to the several sums contributed by each 
division to. the general fund. Street taxes shall be expended 
in the several wards or districts where the persons paying 
tlie same may respectively reside. 

§ 8. The supervisor, in addition to the penalties prescribed Neglect. 
by ordinance shall, for willful neglect of duty, be liable to 
indictment and line in the same manner as supervisors under 
the laws of the state. 

§ 9. Neither the city council or mayor shall remit any The ren.ission 
line or penalty imposed upon any person for a violation of ^^ ^°®^- 
any laws or ordinances of said city, or release from conhne- 
ment, unless two-thirds of all the aldermen elected shall 
vote for such release or remission ; nor shall anything in 
this act be so construed as to oust any court of jurisdiction 
to abate and remove nuisances within its jurisdiction by 
indictment or otherwise. 

§ 10. Xo vote of the city council shall be reconsidered Reconsidera- 
or rescinded at a special meeting, unless the meeting be ^^°° ^^ yote?.. 
called in whole or in part for that purpose, and the aldermen 
be notihed, and unless at such special meeting there be 
present as large a number of aldermen as were 23resent when 
the vote was taken, 

§ 11. The cemetery lots which may be laid out and sold Cemetery lots, 
by the city or private persons for private places of burial, 
shall, with the appurtenances, forever be exempt from 
execution and attachment. 

§ 12. Every ordinance, regulation and by-law imposing publication. 
any penalty, tine, imprisonment or forfeiture for a violation 
of its provisions shall, after the passage thereof, be pubhshed 
in the newspaper publishing the ordinances of the city, and 
proof of such pubhcation, by the affidavit of the printer or 
publisher of such newspaper, taken before any officer 
authorized to administer oaths, and ffied with the clerk, or 
any other competent proof of such publication, shall be 
conclusive evidence of the legal publication and j^romulga- 
tiou of such ordinance, regulation or by-law, in all courts 
and places. 

§ 13. All actions brought to recover any penalty or Action?, 
forfeitm-e incurred under this act, or any ordinance by-law 
or police regulation made in pursuance thereof, shall be 
brought in the corporate name. It shall be lawful to declare 
generally in debt for such penalty, hue or foifeiture, stating 
me clause of this act or the by-law or ordinance under which 
the penalty or forfeiture is claimed, and to give the special 
matter in evidence under it. 



334: CITIES. 

§ 14:. In all prosecutions for any violation of any ordi- 
nance, bj-law or other reLj;ulation, the first process shall be 
a summons unless oath or affirmation be made for a warrant 
as in other cases. 

§ 15. The city council shall have power to designate one 
or more justices of the peace in said city, who shall have 
jurisdiction in any actions for the recover}^ of any tine, 
penalty or forfeiture under this act or any ordinance, by-law 
or poiice to the contrary notwithstanding. Such justice 
shall have power to impose tines and penalties not exceeding 
the amount authorized by the constitution of the state. 
There shall be such local court of civil and criminal jurisdic- 
tion as are or may be established by the general assembly in 
the cities of the state in accordance with the constitution of 
the state. Such court shall have jurisdiction over all cases 
arising under this act or any ordinance of said cit}^ in pur- 
suance thereof^ and such other civil and criminal jurisdiction 
as may be provided by law. 

executions. § 16, Exccutiou may be issued immediately on rendition 

of judgment. If the defendant has no goods or chattels or 
real estate within the county of Hancock, whereof the 
judgment can be collected, the execution shall require the 
defendant to be conlined in the county jail or work house 
or city prison, for a term not exceedmg six months, in the 
discretion of the court rendering judgment; and ail persons 
who may be committed under this section shall be contined 
one day for each one dollar of such judgment and costs. 
All expenses incurred in any prosecution for the recovery of 
any fine, penalty or forfeiture, when collected, shall be paid 
into the city treasury. 

injuries to the § 17. Any persou who shall injure or destroy any Ijridge 

public works, ^j, ^^^ public builaiug, or other property belonging to the 
city, or shall cause or procure the same to be injured or 
destroyed, shall be subject to a penalty not exceeding fiA'e 
hundred dollars tor such oflence, to be recovered by the city 
in an action of debt, and may be imprisoned not exceeding- 
six months, in the discretion of the court before whom such 
conviction may be had, and such person shall also be liable 
in a civil action, at the suit of the city, for the damages 
occasioned by such injury or destruction. 

Disqualificati'n § 18. Xo persou shall be an incompetent judge, justice, 
witness or juror, by i-eason of his being an inhabitant or 
freeholder in the city of Warsavr, in iny action or proceeding 
in which said city may be a party in interest. 

Rights. § ly. All ordinances, regulatious and resolutions now in 

force in the city of Warsaw, and not inconsistent with this 
act, shall remain in force under this act until altered, modi- 
fied or repealed by the city council after this act shall take 
effect. 

§ 20. All rights, actions, fines, penalties and forfeitures, 
in suit or otherwise, which have accrued under the several 



CITIES. 335 

acts consolidated herein, shall be vested in and prosecuted 
by the corporation hereby created. 

§ 21. All property, real, personal or mixed, belonging Property. 
to the city of Warsaw, is hereby vested in the corporaton • 

created by this act; and the officers of said corporation now 
in office shall, respectively, continue in the same until super- 
seded in conformity to the provisions hereof, but shall be 
governed by this act, which shall take effect from and after 
its passage. 

§ 22. xVll ordinances of the city, when printed and pub- Proof, 
lished, purporting to be by authority of the city council, shall 
be received in all courts and places without further jDroof. 

§ 23. Te style of all ordinances shall be "Be it ordained style, 
by the City Council of the City of AYarsaw." 

§ 24. Any tract of land adjoining said city, which may Additions. 
be laid off into blocks or lots and duly platted according to 
law, and any tract of land adjoining the city, with the con- 
sent of the owner thereof, shall and may be annexed to said 
city and form a part thereof. 

§ 25, This act shall not invalidate any legal act done by 
the city council of the city of Warsaw or by its officers, nor 
divest their successors under this act of any rights of pro- 
perty or otherwise, or liability which may have accrued to 
or been created by said corporation prior to the passage of 
this act. 

§ 26. All officers of the city created conservators of the conservators 
peace by this act or authorized by any ordinance, shall have of the peace, 
power to arrest or cause to be arrested, with or without pro- 
cess, all persons who shall break the peace or threaten to 
break the peace, or be found violating any ordinance of this 
city, commit for examination, and, if necessary, detain such 
person in custody over night or the Sabbath, in the watch- 
house or other safe place, or until they can be brought before 
a magistrate, and shall have and exercise such other powers 
as conservators of the peace as the city council may pre- 
scribe. 

§ 27. Xothing in this act contained shall re so construed Powers, 
as to deprive the city council of said city of any powers or 
authority conferred upon the same by the act incorporating 
said city and the various acts amendatory thereto; but the 
city council shall possess and enjoy ail the powers and au- 
thority heretofore conferred upon the same, except so far as 
such powers and authority are expressly modilied or repealed 
by this act or the acts heretofore mentioned ; and the city 
officers shall be elected and appointed in the same manner 
under the provisions of this act as they were under the ori- 
ginal act of incorporation of said city, except the city mar- 
shal, who shall be elected at the same time of the mayor, 
annually, by the qualified voters of said city. 



CITIES, 



§ 28. The city clerk is hereby authorized and empow- 
ered to administer any and all oaths authorized to be taken 
or administered by or under the provisions of this act. 

§ 29. This act shall be deemed a public act and may be 
read in evidence without proof, and judicial notice shall be 
taken thereof in all courts and places, 

Approved February li, 1859. 



AN" ACT to incorporate the city of Waukegau. 

Section 1. Be it enacted hy tTie People of the State of 
Illinois^ represented in the General Assembly, That all of the 

limits. district of country in the county of Lake contained within 

the following boundaries, to wit; commencing on the shore 
of lake Michigan at low water mark at a point where the 
north line of section tifteen (15) township forty -live (45) 
north, range twelve (12) east, intersects the water of said 
lake; thence west hy the north line of section Hfteen (15), 
sixteen (16) and seventeen (17) to the centre of said section 
seventeen (17) in said township aud range; thence southward 
on the half section lines of sections seventeen (17), twenty 
(20) and twenty-nine (29) to the south line of section twenty- 
nine (29) in said township; thence eastward by the south line 
of said sections twenty-nine (29), twenty-eight (28) and 
twenty seven (27), in said township, to Lake Michigan, at low 
water mark ; thence northward by the shore of said lake at 
low water mark to the place of beginning, is hereby created 
into a city, by the corporate name of "The City of Wauke- 
gan ;" and the inhabitants of said district, by that name, shall 
have perpetual succession, sue and be sued, complain and 
defend in all courts and tribunals; have a common seal and 
alter and change the same at pleasure; take, hold and pur- 
chase such real estate as they may desire, and use, lease, 
sell, dispose of and convey the same for the benetit of the 
city, ami may do all other acts which natural persons can do 
to carry out and accomplish the purposes intended by this 
act. 

ofliceri. § ^- The municipal government of the city shall consist 

of the city council, to be composed of the mayor and two 
aldermen from each ward. The other officers of the corpo- 
ration shall be as follows : a city clerk, a city treasurer and 
assessor, a city collector and marshal, who, in addition tx) 
tlie duties prescribed by this act, shall perform such other 
duties as may be prescribed by ordinance. There shall also 
be such other oliicers, servants and agents of the corporation 
as may be provided by ordinance, to be appointed by the 



CITIES. 337 

city council, and to perform sncli duties as may be prescribed 
by ordinance. 

§ 3. All officers elected or appointed under tliis act, ex- 
cept aldermen, shall hold their offices for one year and until 
the election or appointment and qualihcation of their suc- 
cessors. All other officers mentioned in this act and not 
otherwise specially provided for, shall be appointed by the 
city council, but the city council may specially authorize the 
appointment of watchmen and policemen by the mayor, to 
continue in office during the pleasure of the city council: 
Provided^ the mayor or marshal may be authorized to re- 
move them from office for good cause. All officers elected 
or appointed to fill vacancies, shall hold for the unexpired 
term only, and until the election or appointment and quali- 
fication of their successors. 

§ 4. The several wards of the city shall be represented Aldermen. 
in the city council by two aldermen from each ward, who 
shall be hrma fide residents thereof, and hold their offices for 
two 3'ears from and after their election, and until the election 
and qualification of their successors. At the first meeting of 
the city council, after the annual election in April next, the 
aldermen shall be divided in two classes by lot. The terms 
of office of those of the first class shall expire in one year: 
of those of the second -class in two years, so that one alder- 
man from each ward shall belong to each class, and that one 
alderman shall be elected in each ward each year thereafter. 

§ 5. Said city shall be di\'ided into four wards, as follows : Wards, 
all that portion lying south of the north lines of said sections 
twenty-seven (27), twenty-eight (28) and twenty-nine (29), 
shall constitute the first ward; all that portion north of the 
fir^ ward and south of the half section hue running east 
and west through sections twenty (20), twenty-one (21) and 
t^winty-two (22) shall constitute the second ward ; all that 
portion lying north of the second ward and south of the 
north lines of said sections twenty (20), twenty-one (21) and 
twenty-two (22) shall constitute the third ward, and. all that 
portion lying north of the third ward shall constitute the 
fourth ward. 

§ 6, An election shall be held annually in said city on Election. 
the first Monday of March of each year in each ward, when 
a mayor, collector and marshal, assessor and treasurer, and 
one alderman in each ward shall be elected. Every person 
qualified to vote for governor and who has resided one month 
in said city and ten days in the ward in which he proposes 
to vote, shall be an elector at any such election, and any 
person possessing the qualifications of any such elector, shall 
be eligible to any office in said city: Provided, that alder- 
men shall be residents of the wards in which they are elected 
thirty days prior to their election. 

§ 7. Any vacancy occurring in any appointed office, from Vacancv. 
any cause, shall be filled by the city council; and in case of 

— w 



338 CITIES. 

a tie at any election, the council shall select from amongst 
the two candidates having the highest number of votes, the 
person who shall till such office. Yacancies in elected offices 
shall be filled by special elections to be held for that purpose. 
Manner. § 8- The maimer of conducting and voting at the elec- 

tions held under this act and contesting the same, the keep- 
ing of the poll lists, canvassing of the votes and certifying 
the returns, shall be the same as nearly as may be as is now 
or may hereafter be provided by law at general state elec- 
tions: Provided, the city council shall have power to regu 
late elections and the appointment of the judges thereof. 
The voting shall be by ballot, and the judges of the election 
shall take the same oath, and shall have the same powers 
and authority as the judges of general elections. After the 
closing of tlie polls, the ballots shall be counted in the man- 
ner provided by law, and the returns shall be returned sealed 
to the city clerk within three days after the election ; and 
thereupon the city council shall meet and canvass the same 
and declare the result of the election. The persons having 
the highest number of votes for any office, shall be declared 
elected. It shall be the duty of the city clerk to notify all 
persons elected or appointed to office of their election or ap- 
pointment, and unless such persons shall cjualify within 
twenty days thereafter, the office shall become vacant. 
Oath. § 9- Every person chosen or appointed to an executive, 

judicial or administrative office under this act, shall, before 
he enters upon the duties of his office, take and subscribe 
the oath of office prescribed in the constitution of this state • 
and tile the same, duly certified by the officer before whom 
it was taken, with the city clerk. 
;^jayor. § 10- The mayor shall, before he enters upon the duties 

of his office, in addition to the usual oath, swear or affirm 
"that he will devote so much of his time to the duties of his 
office as an efficient and faithful discharge thereof may re- 
quire." He shall preside over the meetings of the city 
council, and shall take care that the laws of this state and 
the ordinances of this city are duly enforced, respected and 
observed within this city, and that all other officers of the 
city discharge their respective duties, and he shall cause 
neghgence and positive violation of duty to be prosecuted 
and punished. He shall, from time to time, give the city 
council such information and recommend such means as he 
may deem advantageous to the city. 

§ 11. He is hereby authorized to call on any and all white 
male inhabitants of the city or county, over the age of 
eighteen years, to aid in the enforcing the laws of the state 
or the ordinances of the city, and in case of riot, to call out 
the militia to aid in suppressing the same, or carrying into 
eftect any law or ordinance ; and any person who shall not 
obey such call shall forfeit to said city a fine of not less than 
five dollars. 

W — 



Aid. 



I 



CITIES. 339 

I 12. He shall have power, whenever he may deem it Exhibit, 
necessary, to require of any of the officers of the city an 
exhibit of all his books and papers. And he shall have 
power to execute all acts that may be required of him by 
this act, or any ordinance made in pursuance thereof. 

§ 13. He shall be liable to indictment in the circuit court Indictment. 
of Lake county, for palpable omission of duty, willful op- 
pression, malconduct or partiality in the discharge of the 
duties of his office, and upon conviction shall be subject to 
a fine, not exceeding one hundred dollars. And, the court 
shall have power, upon the recommendation of the jury, to 
add, as part of the judgment, that he be removed from office. 

§ li. All ordinances and resolutions shall, before they '^eto. 
take effect, be placed in the office of the city clerk, and if 
the mayor approve thereof, he shall sign the same, and such 
as he shall not approve he shall return to the city council, 
with his objections thereto. Upon the return of any ordi- 
nance or resolution, by the mayor, t^ie vote by which the 
same was passed shall be reconsidered ; and, if after such 
reconsideration, a majority of all the members elected to the 
city council shall agree, by the "ayes and noes," which shall 
be entered upon the journals, to pass the same, it shall go 
into effect. And if the mayor shall neglect to approve or 
object to any such proceedings for a longer period than three 
days after the same shall have been placed in the clerk's 
office, as aforesaid, the same shall go into effect. 

§ 15. The mayor shall, ex-offido, have power to admin- Official powers, 
ister any oath authorized to be taken by law, to take and 
certify depositions, the acknowledgment of deeds, mort- 
gages and other instruments of wiiting, under the seal of 
the city, and shall also, during his continuance in office, be, 
€X-qfficio^ a notary public of Lake county, 

§ 16. The members of the city coimcil shall be, ex-officio^ 
fire wardens and conservators of the peace within the city, 
and shall be exempt from jury duty and street labor, or the 
payment of street taxes, during their continuance in office. 

§ IT. The clerk shall keep ^he corporate seal and all pa- 
pers and books belonging to the city. He shall attend all 
meetings of the city council and keep a full record of their 
proceedings on the journals; and copies of all papers duly 
filed in his office, and transcripts from the journals 
of the proceedings of the city council, certified by him, 
under the coi-porate seal, shall be evidence in all courts 
in Uke manner as if the originals were produced. He shall, 
likewise, draw all warrants on the treasury, and countersign 
the same, and keep an accurate account thereof in a book 
provided for that purpose. He shall also keep an accurate ac- 
count of all receipts and expenditures, in such manner as 
the city council shall direct, and he shall have power to ad- 
minister any oath required to be taken by this act. 



Clerk. 



340 CITIES. 

Treasurer. § IS. TliG citj treasurer shall receive all moneys belong- 

in 2; to the city, and shall keep an accurate account of all re- 
ceipts and expenditures, in such manner as the city council 
shall direct. All moneys shall be drawn by the treasuiy, 
in pursuance of an order of the city council, by a treasury 
warrant, signed by the mayor or presiding officer of the city 
council, and countersigned by the city clei'k. Such warrant 
shall specify for w^hat purpose and the fund out of wdiich 
the amount therein named is to be paid. The treasurer 
shall exhibit to the city council, at least twenty days before 
the annual election of each year, and oftener if required, a 
full and detailed account of all receipts and expenditures 
since the date of the last annual report, and also the state 
of the treasmy, which account shall be filed in the office of 
the clerk. 

Collector and § 19. The Collector and marshal shall perform such 

marshal. dutics as shall be required by the council for the preserva- 
tion of peace and good order ; the collection of fines, license 
money and other dues. He shall have the po^ver and au- 
thority of a constable at common law and under the statutes 
of this state, but shall not serve civil process without giving 
bond, as is required by law of other constables. He shall 
execute and return all process under this act or any ordi- 
nance of said city. He may designate one or more consta- 
bles of Lake county to be his assistants, who shall have hke 
authority with himself to execute such process. He shall 
also be collector of taxes assessed by said city government, 
and as such shall have the same powers as town collectors in 
Lake county. 
Treasurer and § 20. The treasurer and asscssor shall perform the dutics 

assessor. of asscssor of Said city in such manner as shall be required 
by ordinance or resolution of the council, and according to 
the laws governing town assessors in Lake county, and 
shall possess the same powers and be subject to the same 
liabilities. 
Further duties. § 21. The council shall have power, from time to time, 
to require further and other duties of all officers whose 
duties are herein prescribed, and prescribe the powers and 
duties ot all officers elected or appointed to any office un- 
der this act, whose duties are not herein specifically men- 
tioned, and fix their compensation. They may also require 
all officers, severally, before they enter upon the duties of 
their respective offices, to execute a bond to the city Wau- 

' kegan, in such sum and with such securities as they may 

approve, conditioned that they shall faithfully execute the 
duties of their respective offices, and account for, pay over 
and deliver all moneys and other property received by them, 
which bond, with the approval of the city council, certified 
thereon by the clerk, shall be filed in his office. 



CITIES. 



341 



I 22. If any person, lia^'ing been an officer of said citj, Delivery of 
shall not, within ten days after notification and request, de- fo^suJcesfon 
liver to his successor in office all the property, books, pa- 
23ers -and effects, of every description, in his possession, be- 
longing to said city, or appertaining to his said office, he 
shall forfeit and pay, for the use of the city, fifty dollars, 
besides all damages caused by his refusal or neglect so to 
dehver, and such successor may recover possession of the 
books, papers and effects belonging to his office, in the man- 
ner prescribed by the laws of the state. 

§ 23. All ofiicers, elected or appointed under this act. Commissioner. 
shall be commissioned by warrant, under the corporate seal, 
signed by the mayor or presiding officer of the city council 
and clerk. 

§ 2tl:. The mayor and aldermen shall constitute the city Council. 
council of the city. The city council shall meet at such 
time and place as they shall, by resolution, direct. The 
mayor, when present, shall preside at all meetings of the 
city council, and shall have only a casting vote. In his ab- 
sence, any one of the aldermen may be appointed to pre- 
side. A majority of the persons elected aldermen shaU con- 
stitute a quorum. 

§ 25. ^o member of the city council shaU, during the Corporation. 
period for which he is elected, receive any compensation for 
his services, or be appointed to or be competent to hold any 
office of which the emoluments are paid from the city trea- 
sury, or paid by fees directed to be paid by any act or ordi- 
nance of the city council, or to be, directly or indirectly, in- 
terested in any contract, the expense or consideration where- 
of is to be paid out of the city treasury, under any ordinance 
or resolution of the city council, or be allowed to vote in 
any matter in which he is directly interested, personally or 
i3ecuniarily. 

§ 26. The city council shall hold twelve stated meetings, Meetings. 
(one in each month,) during the year, and the mayor or any 
two aldermen may call special meetings, by notice to each 
of the members of the council, served, personally, or 
left at their usual places of abode. Petitions and remon- 
strances may be j^resented to the city council, and they shall 
determine the rule of their own proceedings, and be the 
judges of the election and qualification of their own mem- 
bers, and shall have power to compel the attendance of ab- 
sent members. 

§ 27. The city council shall have the control of the Finances, 
finances, and of aU the property, real, personal and mixed, 
belonging to the corporation, and shall, likewise, have pow- 
er, within the jurisdiction of the city — 

First. — To appropriate money and to provide for the pay- Appropriations 
ment of the debts and exi^enses of the city, as herein pro- 
vided. 



342 



CITIES. 



Diseases. 



Health. 



"Water. 



Streets. 



Bridges, &c. 



Light. 



Markets, 



Public grounds 



SecoJid. — To make regulations to prevent the introduction 
of contaojious diseases into the city, to make quarantine laws 
for that purpose, and to enforce them within the city and 
within one mile thereof. 

Third. — To make regulations to secure the general health 
and comfort of the inhabitants ; to prevent, abate and re- 
move nuisances, and punish the authors thereof by penal- 
ties, fine and imprisonment ; to define and declare what shall 
be deemed nuisances, and authorize and direct the summary 
abatement thereof; and to prevent indecencies within the 
corporation, and on Lake Michigan, within one mile of the 
shore. 

Fourth. — To provide the city with water, to make, regu- 
late and establish public wells, pumps and cisterns, by hy- 
drants and reservoirs in the streets within the city, or be- 
yond the Hmits thereof, for the extinguishment of fires and 
the convenience of the inhabitants, and to prevent the un- 
necessary waste of water. 

Fifth. — To have the exclusive control and power over the 
streets and highways and alleys of the city, and to abate 
and remove any encroachments or obstructions thereon ; to 
open, alter, abolish, widen, extend, straighten, establish, 
regulate, grade, clean, or otherwise improve the same ; to 
put drains and sewers therein, and prevent the encumber- 
ine;, in any manner, and protect the same from any encroach- 
ment or injury. 

Sixth. — To establish, erect, construct, regulate and keep 
in repair bridges, culverts and sewers, side-walks and cross- 
ways, and regulate the construction and use of the same, 
and to abate any obstructions or encroachments thereof; to 
establish, alter, change and straighten the channels of water 
courses and natural drains ; to sewer the same or wall them 
up and cover them over; and to prevent, regulate and con- 
trol the filling, altering or changing the channels thereof, by 
private persons. 

Seventh. — To provide for lighting the streets and erecting 
lamp-posts and lamps therein, and regulate the lighting 
thereof, and, from time to time, create, alter or extend lamp 
districts ; to exclusively regulate, direct and control the lay- 
ing and repairing of gas pipes and gas fixtures in the streets, 
alleys and side-walks. 

Fighth. — To establish and erect markets and market 
houses and other public buildings ot the city, and provide 
for [the] government and regulation thereof, and their erec- 
tion and location ; and to authorize their erection and the 
continuation of such as are already erected within the same. 

Ninth. — To provide for the closing, regulating, protecting 
and improving all pubhc grounds and cemeteries belonging 
to the city, and the court house square mthin said city, by 
and with the consent of the board of supervisors of Lake 
county, and to direct and regulate the planting and preserv- 



CITIES. 343 

ing of ornamental and shade trees in tlie streets and public 
grounds and cemetery. 

Tenth, — To erect and establish one or more hospitals or Hospitals, 
dispensaries, and control and regulate the same. 

Eleventh. — To prevent tlie incumbering of the streets, incumbering 
alleys, side-walks or public grounds with carriages, wagons, streets. 
carts, wheelbarrows, boxes, lumber, timber, firewood, posts, 
awnings or any other substance whatever ; to compel all 
persons to keep the snow, ice, dirt and other rubbish from 
the side-walks and street-gutters in front of the premises 
occupied by them. 

Ticelfth. — To license, tax and regulate auctioneers, and to Auctioneers, 
impose duties upon the sales of goods at auction; to license, ^^' 
tax, regulate, suppress and prohibit hawkers, peddlers, 
pawnbrokers, theatrical or other exhibitions, circuses, me- 
nageries and amusements. 

Thirteenth. — To license, tax, regulate and suppress hack- Hacks. 
men, draymen, omnibus drivers, porters and all others pur- 
suing Hke occupations, with or without vehicles, and to pre- 
scribe their compensation, and to regulate and restrain run- 
ners for stages, cars and pubhc houses. 

Fourteenth. — To license, tax, regulate, prohibit and sup- Gaming 
press billiard tables, pin alleys and ball alleys ; to suppress 
and restrain disorderly houses, tippling shops and groceries, 
bawdy houses, gaming and gambling houses, lotteries and 
all fraudulent devices and practices, and all playing of cards, 
dice and other games of chance, with or without betting ; 
and to authorize the destruction of all instniments and de- 
vices used for the purpose of gaming. 

Fifteenth. — To authorize the proper officer of the city to License, 
grant and issue licenses, and to direct the manner of issuing 
and registering thereof, and the fees and charges to be paid 
therefor. Xo license shall be granted for more than one 
year, and not less than three dollars or more than five hun- 
dred dollars shall be charged for any license under this act, 
and the fees for issuing the same shall not exceed one 
dollar. 

Sixteenth. — To restrain, regulate and prohibit the selling Liquor. 
or giving away of any intoxicating or malt liquors by any 
persons within the city, except by any person or persons 
duly licensed ; to forbid and punish the selling or giving 
away any intoxicating or malt liquors to any minor, appren- 
tice or servant, without the consent of the parent or guar- 
dian. 

Seventeenth. — To prevent, restrain and punish forestalling Forestalling, 
and regrating ; to regulate the inspection and vending of 
fresh meats, poultry and vegetables, of butter, lard and 
other pro\dsions, and the place and manner of selling fish 
and inspecting the same. 

Eighteenth. — To establish standard weights and measures, Weights and 
and regulate the weights and measures to be used within measures. 



su 



CITIES. 



Int-peclion, 



Bread. 



Brick. 



Police. 



Riots. 



Raciu£ 



Beggars. 



Animals. 



the city in all cases not otherwise provided bj law ; to re- 
quire all traders or dealers in merchandise or j^roperty of 
any description, which is sold by measure or weight, to 
cause their measures and weights to be tested and sealed by 
the city sealer and be subject to his inspection. The stand- 
ard of such weights and measures shall be conformable to 
those established by law. 

Nineteenth, — To regulate and provide for the inspection 
and measuring of lumber, timber, shingles, posts, staves, 
heading and all kinds of building materials, and for the 
measuring of all kinds of mechanical work, and to ap- 
point one or more inspectors or measurers. 

Twentieth, — To pro\"ide for the inspection and weighing 
of hay, lime and stonecoal, and the place and manner of 
seUing the same ; to regulate the measurement of firewood, 
charcoal and other fuel to be sold or used within the city, 
and the place and manner of sellmg the same. 

Twenty-first. — To regulate the inspection of beef, pork, 
flour, meal and other provisions, salt, whisky and other 
liquors to be sold in barrels, hogsheads and other vessels or 
packages ; to appoint weighers, gangers and inspectors, and 
prescribe their duties and regulate their fees : Provided^ that 
nothing herein shall be so construed as to require the in- 
spection of any articles enumerated herein, which are to be 
shipped beyond the limits of the state, except at the request 
of the owner thereof, or his agent. 

Ttoenty-second, — To regulate the weight and ^yicq of 
bread to be sold or used wdthin the city. 

Twenty-thh'd. — To regulate the size and quality of bricks 
to be sold or used within the city, and the inspection 
thereof. 

Tiuenty-fourth. — To create, establish and regulate the po- 
lice of the city ; to appoint watchmen and policemen, and 
prescribe their duties and powers. 

Twenty fifth,— ^Q> prevent, suppress and punish any riot, 
rout, affray, noise, disturbance or disorderly assembly in any 
public or private place within the city. 

Toenty-sixth, — To prohibit, prevent and suppress horse 
racing, immoderate riding or driving in the streets, and to 
authorize persons immoderately riding or driving, as afore- 
said, to be stopped by any person ; to prohibit and punish 
the abuse of animals; to compel persons to fasten their 
horses or other animals attached to vehicles or otherwise, 
while standing or remaining in the streets. 

Twenty-seventh. — To restrain and punish vagrants, men- 
dicants, street beggars and prostitutes. 

Twenty-eighth,— To regulate, restrain or prohibit the run- 
ning at large of horses, cattle, swine, sheep, goats and geese, 
and to authorize the distraining, impounding and sale of 
the same lor the costs of the proceedings and the penalty 
incurred, and to impose penalties on the owners thereof for 



CITIES. 3i5 

a violation of any ordinance in relation thereto ; to regnlate, 
restrain and j)i'oliibit the running at large of dogs, and to 
authorize their destruction when at large, contrary to ordi- 
nance, and to impose penalties on the owners or keepers 
thereof. 

Ticenty-ninth. — To prohibit and restrain the rolling of Sports, 
hoops, flying of kites, or any other amusements or practices 
tending to annoy persons passing on the streets or side-walks, 
or to frighten horses or teams ; to restrain and prohibit the 
ringing of bells, blowing of horns or bugles, crying of goods 
and all other noises, ^performances and practices tending to . 
the collecting of persons on the streets or side-walks, by 
auctioneers and others, for the pm'pose of business, amuse- 
ment or otherwise. 

Thirtieth. — To abate all nuisances which may injure or Nuisances, 
affect the pubhc health or comfort in any manner they may 
deem expedient. 

Thirty-first. — To do all acts and make all regulations 
which may be necessary or expedient for the promotion of 
health and the suppression of disease. 

Thirty-second. — To compel the owner or occupant of any 
grocery, cellar, soap or tallow chandler or blacksmith shop, 
tannery, stable, privy, sewer or other unwholesome or nau- 
seous house' or place, to cleanse, remove or abate the same, 
as may be necessary for the health, convenience and com- 
fort of the inhabitants. 

Thirty-third. — To direct the location and regulate the Breweries, kc. 
management and construction of breweries, tanneries, black- 
smith shops, founderies, livery stables and packing houses ; 
to direct the location and regulate the management and con- 
struction of, and restrain, abate and prohibit within the city 
and to the distance of one mile from the limits thereof, dis- 
tilleries, slaughtering houses, establishments for straining or 
rendering lard, tallow, offal and such other substances as 
may be rendered, and all other establishments or places 
where any nauseous, offensive or unwholesome business 
may be carried on. 

Thirty-fourth. — To pro^ade for the taking an enumeration Census, 
of the inhabitants of the city. 

Thirty-fifth. — To erect and estabhsh a workhouse or Workhouse, 
house of correction, make all necessary regulations therefor, 
and appoint all necessary keepers and assistants. In such 
workhouse or house of correction may be confined all va- 
grants, stragglers, idle and disorderly persons, who may be 
committed thereto by any proper ofiicer, and all persons sen- 
tenced by any criminal court or magistrate in and for the 
city, or for the county of Lake, for any assault and battery, 
petit larceny or other misdemeanor punishable by imprison- 
ment in any county jail ; and any person who shall fail or 
neglect to pay any fine, penalty or costs imposed by any or- 
dinance of the city for any misdemeanor or breach of any 



o^O CITIES. 

ordinance of the city, may, instead of being committed to 
tlie connty jail of Lake comity, be kept therein, subject to 
labor and confinement. 

Destitute cMi- Tliirty -Sixth. — To anthorize and direct the taking up and 

dren. providing for the safe keeping and education, for snch pe- 

riods of time as may be deemed expedient, of all children 
who are destitute of proper parental care, wandering about 
the streets, committing mischief and growing up in mendi- 
cancy, ignorance, idleness and vice. 

Drains, &c. Thirty -Seventh. — To fill up, drain, cleanse, alter, relay, re- 

pair and regulate any grounds, lots, yards, cellars, private 
drains, sinks, privies; direct and regulate their construclion, 
and cause the expenses thereof to be assessed and collected 
in the same manner as side-walk assessments. 

Railroad track! Thirty -eighth. — To direct and control the laying and con- 
struction of railroad tracks, bridges, turn-outs and switches 
in the streets and alleys, and the location of depot grounds 
within the city ; to require that railroad tracks, bridges, 
turn-ouls and switches shall be so constructed and laid as to 
interfere as little as possible with the ordinary travel and 
use of the streets and alleys, and that sufiicient space shall 
be left on either side of said tracks for the safe and conveni- 
ent passage of teams and persons ; to require railroad com- 
panies to keep in repair the streets through which their 
track may run, and to construct and keep in repair suitable 
crossings at the intersections of streets and alleys, ditches, 
sewers and culverts, when the city council shall deem neces- 
sary ; to direct and prohibit the use and regulate the speed 
of locomotive engines within the inhabited portions of the 
city ; to prohibit and restrain railroad companies from doing 
general storage or warehouse business or collecting pay for 
storage. 

Ordinances, Thirty -ninth. — The city council shall have the power to 

pass, publish, amend and repeal all ordinances, rules and 
police regulations, not contrary to the constitution of the 
United States and of this state, for the good government, 
peace and order of the citf, and the trade and commerce 
thereof, that may be necessary or proper to carry into eflect 
the powers vested by this act in the corporation, the city 
government or any department or ofiice thereof; to enforce 
the observance of all such rules, ordinances and police regu- 
lations, and to punish violations thereof, by fines, penalties 
or imprisonment in the county jail, city prison or workhouse, 
or both, or either, in the discretion of the court or magis- 
trate before whom conviction may be had; but no fine or 
penalty shall exceed five hundred dollars, nor the imjDrison- 
ment six months for any oft'ence, and such fine or jjenalty 
may be recovered, with costs, in an action of debt, in the 
name or for the use of the city, before any court having 
jurisdiction, and punishment inflicted ; and any person upon 
whom any tine or penalty is imposed shall stand committed 



ciriEs. 347 

until the payment of the same and costs ; and in default 
thereof, may be imprisoned in the count j jail, city prison or 
workhouse, or required to labor on the streets or other pub- 
he works of the city for such time and in such manner as 
may be proyided by ordinance. 

§ 28. To le\^ and collect annually a tax, not exceeding Tax. 
eig'hty cents on the one hundred dollars, on the assessed 
yalue of all real and personal property within the city ; and 
also by resolution to require any male resident of the city, 
oyer twenty-one and under fifty years of age, annually to labor 
not exceeding three days upon the streets and highways; 
but any such person may commute for such labor by paying 
the sum of seyenty-fiye cents for each day assessed, within 
ten days after being notified to labor. In default of labor- 
ing or paying as aforesaid, the sum of one dollar and twenty- 
fiye cents per day, and costs, may be collected, by action of 
debt, in the name of the city, for each day not worked or 
commuted as aboye, and no set-ofi" shall be allowed in any 
be such action. 

§ 29. All territory now or hereafter within said city School district, 
shall be one school district, to be denominated '' The TTau- 
kegan City School District," which shall be a school organ- 
ization separate from the toymship, and shall receiye direct- 
ly its lawful share of all funds hereafter distributed by the 
school commissioner of Lake county, as townships may, to 
be by him paid to the city treasurer. 

§ 30. The township funds arising from the sales of Funds, 
school lands in said township forty-fiye north, range twelye 
east, and the ayails thereof, and all other funds belonging to 
said township, for school purposes, shall be diyided between 
the city of Waukegan and the districts of said township not 
included in the city school district limits, as follows : The 
trustees of schools of said township and the city coimcil 
shall, as soon after the organization of the city goyernment 
as may be, each appoint one commissioner, who, after being 
sworn honestly to discharge their duties, shall ascertain the 
whole number of white persons under the age of twenty-one 
years in said Waukegan city school district and in said 
township, not within said city school district, on the first day 
of April next, and they shall thereupon diyide and apportion 
said funds between said city school district and said town- 
ship not included in said city district, according to the num- 
ber of white persons under the age aforesaid residing in 
each, and shall make report of such diyisiun and apportion- 
ment to the school commissioners of Lake county, the city 
council, and to the treasurer of said township. If any of 
said funds shall be outstanding, on loan or otherwise, said 
commissioners shall apportion and diyide the bonds, mort- 
gages, judgments, decrees, notes and eyidences of debt be- 
longing thereto, on the basis aforesaid ; and it shall be the 
duty of the township treasurer of said township to imme- 



348 



CITIES. 



Property. 



diately pay all moneys, and assign, by endorsement thereon, 
all such bonds, mortgages, judgments, decrees, notes and 
evidences of debt as may be so apportioned to said city dis- 
trict to "The city of Waukegan," and deliver the same to 
the city treasurer and take his receipt therefor ; to enable 
said commissioners to make said apportionment and divi- 
sion, it shall be the duty of the township treasurer, on re- 
quest, to deliver to them a detailed statement of said town- 
ship funds and the condition thereof, to whom loaned, 
amount of such loan, and when due, and the nature of the 
security thereof, and amount of cash on hand. 

§ 31. All real estate, appurtenances, fixtures, moneys, 
personal projDerty, taxes levied, assessments and effects be- 
longing to school districts number 2 and 3, township 
number forty-five north, range twelve east of the third 
principal meridian, or held in trust for either of them or 
their benefit, shall, upon the organization of said city gov- 
ernment, be and the same are by this act vested in "The 
City of Waukegan ;" and all suits or proceedings in law or in 
equity in relation thereto, or to collect or secure or recover 
any moneys, bonds, notes, mortgages, claims, demands or 
things by this act vested in said city, or required to be paid 
or assigned to it, may be begun and prosecuted by said city 
in its corporate name. 

§ 32. It shall be lawful for said city to grant, bargain, 
sell, convey, lease or disjDose of any property, real or personal, 
which is by the 30th and 31st sections of this act vested in 
or required to be assigned or transferred to said city; but 
all lands, leases, buildings, fixtures and ]3ersonal property 
aforesaid, or the proceeds thereof, when sold, shall be devo- 
ted and applied to the purposes of education, and shall never 
be diverted to any other j^urpose. 

§ 33. The city clerk shall make to the school commis- 
sioner all reports and statements which are or may be 
required by law of ofiicers of townships in relation to 
schools, and at such times as may be required by law. 

§ 3J:. The care and superintendence of the common 
schools within the city of Waukegan, together with the 
funds and estate, both real and personal, belonging to, and 
which may be conveyed to said Waukegan school district, 
shall devolve upon the city council of the city of Waukegan ; 
but they shall have power to appoint in each year a general 
superintendent of public schools for said city of Waukegan, 
whose term of ofiice shall be for one year, and until his 
successor shall be duly elected and qualified; and his duties 
and the amount of his salary shall be defined by the city 
council of the city of Waukegan: Provided^ however^ that 
said salary shall at no time exceed one hundred dollars per 
annum or be paid out of said school fund belonging to said 
Waukegan school district; and said city council shall have 
power to make all laws and ordinances necessary for the 



CITIES. 349 

management of said common schools, not inconsistent with 
the constitution of this state. 

§ 35. For the purpose of supporting a system of free Tax. 
schools, the city council shall have power to levy such tax 
on the real estate and personal pro23erty in said city school 
district as they may deem necessary for that purpose, not 
exceeding forty cents on each one hundred dollars valuation; 
and for the purpose of erecting the necessary houses for 
school purposes, they may in like manner levy a special tax, 
such as they may deem necessary for that purpose, first 
submitting the question to a vote of the people and receiving 
their assent thereto. 

§ 36. ISTothing shall be done to impair the princij^al of 
the township fund, or to appropriate the interest accruing 
from the same to any other purpose than the payment of 
teachers in the public schools of the district, and should 
there be any surplus of interest it shall be carried to and 
form a ]3art of the school fund. 

§ 37. The city council shall have power — Powers of the 

First. — To erect, hire or j)urchase buildings suitable for council, 
school houses, and keep the same in repair. 

Second. — To buy or lease sites for school houses, with the 
necessary grounds. 

Third. — To furnish schools with the necessary fixtures, 
furniture and apparatus. 

Fourth. — To maintain, support and estabhsh schools and 
supply the inadequacy of the school fund for the payment 
of teachers from school taxes and out of the general fund. 

Fifth. — To fix the amount of compensation to be allowed 
to teachers. 

Sixth. — To prescribe the school books to be used in the 
studies to be taught in the different schools. 

Seventh. — And generally to have and j^ossess all the rights, 
powers and authority necessary for the proper management 
of schools and the school lands and funds belonging to the 
said school district, with power to enact such ordinances 
as may be necessary to carry their powers and duties into 
eff'ect. 

§ 38. The school fund shall be kept loaned at interest Loans. 
by the treasurer, and it shall be lawful to loan the same at 
fifteen per cent, per annum, payable semi-annually, in 
advance. ISio loan shall be made for a longer period than 
five years, and all loans shall be secured by unincumbered 
real estate of three times the value, at the least, of the sum 
loaned, exclusive of the value of the perishable improve- 
ments thereon : Promded^ the city council shall have power 
to reduce the rate of interest by a vote of two-thirds of all 
the aldermen elected, and fix treasurer's fees for making 
loans, to be paid by borrower. 

§ 39. All notes and securities shall be taken to the city Notes, 
of Waukegan, for the use of the inhabitants of said city, for 



350 



CITIES. 



Ashes. 



school purposes; and in that name all suits, actions and 
every description of legal proceedings may be had. 
Expenses. § -iO. All expenses of preparing or recording securities 

shall be paid exclusively by the borrower. 

§ 41. The city council shall have power — 
Chimneys. First. — To regulate the construction of chimneys and fines 

so as to,^admit of chimney sweeps, or other mode of cleaning, 
and to compel the sweeping and cleaning of chimneys. 

Second. — To prevent and prohibit the dangerous construc- 
tion and condition of chimneys, flues, fire-places, stove pipes, 
ovens, or any other apparatus used in or about any building 
or manufactory, and to cause the same to be removed or 
placed in a secure and safe condition, when considered 
dano^erous. 

third. — To prevent the deposit of ashes in unsafe places, 
and to appoint one or more officers to enter into all buildings 
and inclosures to examine and discover whether the same 
are in a dangerous state, and to cause such as may be dan- 
gerous to be put in safe condition. 

Fourth. — To regulate and prevent the carrying on of 
manufactories and works dangerous in promoting or causing 
fires. 

Fifth. — To regulate, prevent and prohibit the use of fire- 
works and fire-arms. 

Sixth. — To direct and prohibit the management of houses 
for the storing of gunpowder and other combustible and 
dangerous materials within the city, to regulate the keeping 
and conveying the same. 

Se^ienth. — To regulate and prescribe the manner and order 
the building of parapet and partition walls and of partition 
fences. 

Eighth. — To authorize the mayor, fire-wardens or other 
officers of said city, to keep away from the vicinity of any 
fire all idle and suspicious persons, and to compel all officers 
of the city and all other persons to aid in the extinguishment 
of fires and in the preservation of property exposed to dan- 
ger thereat, and in preventing goods from being stolen. 

Ninth. — And generally to establish such regulations for 
the prevention and extinguishment of fires as the city coun- 
cil may deem expedient. 
Engines. § ^2. The city council may procure fire engines and all 

other apparatus used for the extinguishment of fires, and 
have the charge and control of the same, and provide fit 
and secure houses and other places for keeping and jn-eserv- 
ing the same, and shall have power — 

First. — To organize fire, hook, hose, ax and ladder com- 
panies. 
Firemen. Second. — To appoint, during their pleasure, a competent 

number of able and reputable inhabitants of the city firemen, 
to take the care and manasrement of the eno^ines and other 



Firearms. 



Combustibles. 



Walls and 
fences. 



CITIES. 351 

apparatus and implements used and provided for the extin- 
guishment of fires. 

Third. — To prescribe the duties of firemen, and to make 
rules and regulations for their government, and to impose 
reasonable penalties upon them for a violation of the same, 
and for incapacity, neglect of duty or misconduct, to remove 
them. 

Fourth. — The city council shall have power to provide for Engineers. 
the election of a chief and assistant engineers of the fire 
department, and they, with the other firemen, shall take the 
care and management of the engines and other apparatus 
and implements provided and used for the extinguishment 
of fires, and their powers and duties shall be prescribed and 
defined by the city council. 

§ 43. The members of the city council and firemen shall, Exemption. 
during their terms of service as such, be exempted from 
serving on juries, in the militia, or working on the streets 
or paying any tax for the same. The name of each fireman 
shall be registered with the clerk of the city, and the evi- 
dence to entitle him to the exemption provided in this, sec- 
tion shall be the certificate of the clerk, under the corporate 
seal, for the year in which exemption is claimed. 

§ 44. The city council shall, at least ten days before the Annual state- 
annual election in each year, cause to be published in the °^®^** 
newspaper publishing the ordinances of the city, a correct 
and full statement of the receipts and expenditures from 
the date of the last annual report, together with the sources 
from whence the former are derived, and the mode of dis- 
bursement, and also a distinct statement of the whole amount 
assessed, received and expended in the resj^ective wards and 
divisions for making and repairing streets, highways and 
bridges for the same period, together with such information 
as may be necessary to a full understanding of the financial 
concerns of the city. 

§ 45. The inhabitants of the city of Waukegan are Exemption, 
hereby exempted from working on any road or highway 
beyond the limits of the city, and from paying the tax in 
heu thereof without said limits. 

§ 46. The proper officers shall demand the services of street labor, 
all persons who are required to labor on the streets and 
alleys of the city at such time and place and in such manner 
as the city council may direct or shall deem necessary, and 
shall deliver or cause to be given or left at the usual place 
of abode or business of any person so required to labor as 
aforesaid, a written or printed notice, or partly written or 
printed notice, in such form as the city council shall ^^rescribe, 
which notice shall be given at least five days previous to the 
first day on which he or they are required to labor, requiring 
such person to appear at such time and place as may be 
designated for the purpose of laboring upon the streets and 
alleys; but a similar notice published in the newspaper 



352 CITIES. 

publishing the ordinances of the city, for ten clays, by the 
street commissioner, or posted np in three of the pnbhc 
places of the ward or district, shall be deemed a sufficient 
notice to require all jDcrsonsto appear and labor as aforesaid. 
Upon the neglect of any person to appear and labor as 
aforesaid, or to pay the tax in lieu thereof, the collector shall 
collect from each person in the same manner as other taxes 
the sum of three dollars and seyenty-fiye cents, with his com- 
mission for collecting the same added thereto, or the same 
may be recovered by suit, with costs, as in other cases. 

Fines. § 47. All fines, forfeitures and j^enalties collected for 

ofiences committed within said city shall be paid into the 
treasury of said city by the officers collecting the same, and 
all fines and forfeitures collected of any citizen of said city 
for any conviction in the circuit court, shall be paid over in 
a like manner. 

Remission of § 48. Neither the city council or mayor shall remit any 
fines. £j^Q Qj. penalty imposed upon any person for a ^dolation of 

any laws or ordinances of said city or release from confine- 
ment, unless two-thirds of all the aldermen elected shall vote 
for such release or remission, nor shall anything in this act 
be so construed as to oust any court of jurisdiction to abate 
and remove nuisances within its jurisdiction by indictment 
or otherwise. 

Reconsidera- § 49. IS'o vote of the city couucil shall be reconsidered 
tion of votes, qj. rescinded at a special meeting, unless the meeting be 
called in whole or in part for that purpose, and the aldermen 
be so notified, and unless at such special meeting there be 
23resent as large a number of aldermen as was present when 
the vote was taken. 

Cemetery lots. § 50. The cemetery lots which are now or may be here- 
after laid out and sold by the city or private persons for 
private places of burial shall, with the appurtenances, forever 
be exempt from execution and attachment. 

Publication. § ^l* Every ordinance, regulation and by-law, imposing 

any penalty, fine, imprisonment or forfeiture for a viola- 
tion of its provisions shall, after the passage thereof, be 
published once in the newspaper publishing the ordinances 
of the city, and proof of such pubhcation by affidavit of the 
printer or publisher of such newspaper, taken before any 
officer authorized to administer oaths, and filed with the 
clerk or any other competent proof of such publication shall 
be conclusive evidence of the legal publication and promul- 
gation of such ordinance, regulaton or by-law, in all courts 
and places. 

Actions. § 52. All actions brought to recover any penalty or for- 

feiture incurred under this act, or any ordinance, by-law or 
police regulation made in pursuance thereof, shall be brought 
in the corporate name. It shall be lawful to declare gener- 
ally, in debt, for such penalty, fine or forfeiture, stating the 



CITIES. 353 

clause of this act or the by-law or ordinance, under which the 
penalty or forfeiture is claimed, and to give the special mat- 
ter in evidence under it. 

§ 53. In all prosecutions for any violation of any ordi- Process. 
nance, by-law or other regulation, the first process shall be 
a summons, unless oath or affirmation be made for a warrant 
as in other cases. 

§ 54. The city council shall have power to designate one Justices of the 
or more' justices of the peace in said city, who shall have P®*^®- 
jm'isdiction in any actions for the recovery of any fine, 
penalty or forfeiture under this act or any ordinance, by-law 
or police regulation, anything in the laws of this state to the 
contrary notwithstanding. Such justice shall have power 
to impose fines and penalties, not exceeding the amount 
authorized by the constitution of the state, there shall be 
such local court of civil and criminal jurisdiction as may be 
established by the general assembly in the cities of the state 
in accordance with the constitution of the state. Such courts 
shall have jurisdiction over all cases arising under this act 
or any ordinance of said city in pursuance thereof, and 
such other civil and criminal jurisdiction as may be provided 
by law. 

§ 55. Execution may be issued immediately on rendition Execution, 
of any such judgment. If the defendant has no goods or 
chattels or real estate within the county of Lake, whereof 
the judgment can be collected, the executive shall require 
the defendant to be confined in the county jail or workhouse 
or city prison, for a term not exceeding six months, in the 
discretion of the court rendering judgment; and all persons 
who may be committed under this section shall be confined 
one day for each one dollar of such judgment and costs. 
All expenses incurred in prosecution for the recovery of any 
fine, penalty or forfeiture, when collected, shall be paid into 
the city treasiiry. 

§ 56. Any person who shall injure or destroy any bridge injury to pub- 
or any public building, or other property belonging to the ^^^ works, 
city, or shall cause or procure the same to be injured or 
destroyed, shall be subject to a penalty not exceeding five 
hundred dollars for such ofi'ence, to be recovered by the city 
in an action of debt, and may be imprisoned, not exceeding 
six months, in the discretion of the court before whom such 
conviction may be had; and such person shall also be liable 
in a civil action, at the suit of the city, for the damages 
occasioned by such injury or destruction. 

§ 57. No person shall be an incompetent judge, justice, Disqualifica- 
witness or juror, by reason of his being an inhabitant or *^'*°- 
freeholder in the city of Waukegan, in any action or pro- 
ceeding in which said city may be a party in interest. 

§ 58. All ordinances, regulations and resolutions now in 
force in the town of Waukegan, and not inconsistent with 
this act, until^ altered, modified or repealed by the city coun- 

A. — 



351 



CITIES. 



Rishts 



Property 



Style 



Additions. 



cil after this act shall take efieet, shall remain in force under 
this act. 

§ 59. All rights, actions, fines, penalties and forfeitures, 
in suit or otherwise, which have accrued under existing laws, 
shall be vested in and prosecuted by the corjDoration hereby 
created. 

§ 60. All property, real, personal or mixed, belonging 
to the incorporated town of Waukegan, is hereby vested in 
the corporation created by this act, and the officers of said 
corporation now in ofiice, shall respectively continue in the 
same until superseded, in conformity to the proxdsions hereof, 
but shall be governed by this act. 

§ 61. All ordinances of the city, when printed and pub- 
lished by authority of the city council, shall be received in 
all courts and places without further proof. I 

§ 62. The style of all ordinances shall be, " Be it ordained | 
&?/ the City Council of the City of Waukegan^ \ 

§ 63. Any tract of land adjoining said city, which may 
be laid ofl' into blocks or lots and duly platted, according to 
law, and any tract of land adjoining the city, with the consent 
of the owner thereof, shall and may be annexed to said city 
and form a part thereof. 

§ 64. This act shall not invalidate any legal act done by 
the corporation of the town of AVaukegan, or by its ofiicers, 
nor divest their successors under this act of any rights of 
property or otherwise, or liability, which may have accrued 
to or been created by said corporation prior to the passage 
of this act. 

§ 166. All officers of the city, created conservators of the 
of he peace, peace by this act, or authorized by any ordinance, shall have 
power to arrest or cause to be arrested, with or without pro- 
cess, all persons who shall break the peace or threaten to 
break the peace, or be found violating any ordinance of this 
city, commit for examination, and if necessary, detain such 
person in custody over night or the Sabbath, in the watch- 
house or other safe place, or until they can be brought before 
a magistrate, and shall have and exercise such other powers, 
as conservators of the peace, as the city council may pre- 
scribe. 

§ loQ. This act shall be deemed a public act, and may be 
read in evidence without proof, and judicial notice shall be 
taken thereof in all courts and places, and shall take effect 
from and after its passage. 
Debts, &c. § 67. The said city shall be hable for all lawful debts 

and contracts now or hereafter made and contracted by the 
president and trustees of the town of Waukegan; and the 
authority and duty conferred upon the corporate authorities 
by an act approved February 14th, 1855, entitled "An act 
to authorize the town of Waukegau to borrow money and 
levy a tax," to levy and collect a special tax to pay any 



Conservators 



Public act. 



\ 



CITIES. 355 

debt which may have been contracted by virtne of the pro- 
visions of said act, and to keep in repair the bridges erected 
with the money thereby authorized to be borrowed, is hereby 
conferred upon said city. 

§ 68. Each ward in said city shall annually elect one Supervisors. 
supervisor, at the time and in the manner hereinbefore pro- 
vided for the election of aldermen, and the supervisors so 
elected shall be members of the board of supervisors of 
Lake county, possessing all the authorities, rights, powers 
and privileges of members of the board of supervisors for 
all purposes whatsoever. 

§ 69. The iirst city election under this charter shall be E'ection. 
held at the time now fixed by law for the election of oflicers 
of the present incorporated town of AYaukegan, and the 
board of trustees of said town are hereby required and 
empowered to appoint such officers as they may deem neces- 
sary to conduct said first election; and the retm*ns of said 
election shall be made to said board of trustees, who shall 
therefrom determine the result of such election; and the • 
persons elected shall thereupon enter upon the duties of 
their respective offices under this act, and thenceforth said 
city government shall be deemed organized and in operation. 

I 70. Xo money shall be borrowed by the city lor any Borrow money 
purpose whatever. The city shall never become a stock- 
holder in any partnership or private corporation, and shall 
not loan its credit for the benefit of any private corporation 
or partnership, a 

§ 71. The collector shall receive for his compensation as collector, 
such collector, two per cent, upon all taxes levied by the city, 
and the treasurer, for his compensation, the sum of one hali' 
of one per cent, for recei^dng and one-half of one per cent, 
for disbusing moneys which shall come to his hands as such, 
which fees of the collector and treasurer shall be paid out of 
the general fund, and no part thereof shall be paid out of 
moneys received for school or educational purposes. 

§ 72. For the enforcement of the collection of all taxes Collection 
and assessments leaded by the common council under this 
act, real estate liable therefor shall be subject to sale, 
redemption and conveyance, in the same manner as is now 
or hereafter may be provided in the general laws of this 
state for the sale, conveyance and redemption of lands for 
state and county taxes: ProvkUd^ that the city treasurer 
shall have the same power and perform the same duties as 
devolves on the county treasurer of Lake county, in like 
cases, and he shall receive same compensation therefor. 
And the city clerk shall have the same powers and perform 
the same services as devolves on the county clerk of said 
county in hke cases, and shall receive the same compensa- 
tion therefor. The county court of Lake county shall have ' 
jurisdiction to render judgment in all cases for taxes and 
assessments. 



356 COAL AND MINING. 

Election. § 73. The president and trustees of the town of Wanke- 

gan shall cause and provide for an election to be held in said 
town on the third Monday of March next, at which the 
inhabitants residing within the territory described within 
the first section of this act, who are authorized to vote for 
state officers, shall vote "For the Charter," or "Against the 
Charter;" and if a majority of votes given at such election 
shall be for the charter, then this aCt shall immediately take 
effect as a law; but if the majority of votes shall be against 
the charter, then this act shall be of no effect. 

Repeal. § 74. All acts and parts of acts coming within the pro- 

visions of this charter, that are contrary or inconsistent with 
its provisions, are hereby repealed. And all general laws 
or parts of laws heretofore passed for the purpose of enlarg- 
ing or adding to the powers of towns and cities shall not 
apply to the corporation hereby created. 
Approved January 23, 1859. 



In force Febru- AN ACT to amend an act entitled " An act to incorporate the Carroll County 
ary 12, 1859. Coal and Mining Company/' approved February 11, A D. 1857. 

Be it enacted hy thw People of the State of Illinois, repre- 
sented in the General Asseinhli/, That section first, of said 
Amendment, ^ct, be SO amended as to correct the names in said bill, so 
that the names Abram Hasteller, Abram Summey, John L. 
Hastiller, shall read Abram Hostetter, Aram Summy and 
John L. Ilostetter. 

Approved February 12, 1859. 



In force Feb'y AN ACT to incorporate the Peru Coal Mining Company, 

24, 1859. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in \the\ General Assembly, That Ebene- 
Body politic, zer Higgins, John H. McMillan, Frederick S. Day, William 
Chumasero, Isaac Abraham ISTaason Young, John J. Tildeu, 
Ezra McKenzie, Erasmus Winslow and their associates, suc- 
cessors and assigns, are hereby created a body politic and 
corporate, under the name and style ot "The Peru Coal 
Mining Company," for the term of one hundred years, with 
the power to contract and be contracted with, sue and be 
sued, in that name, in all courts and places ; to have a com- 
mon seal, and change the same at pleasure, to engage in 
the mining, sale and transportation of coal, iron or other 
minerals, and in the manufacture of iron, lime, coal oil, fire 



COAL AKD MININa. 357 

brick, and other products of lands now owned or occupied, 
or hereafter to be owned or occupied by them, and in the 
transportation of the same, or any of them, to home and 
foreign markets. 

§ 2. The said company may receive, purchase and hold Powers. 
any real estate, mining rights and right of way, for the pur- 
pose of mining and preparing for sale and transportation of 
coal, iron, lime, bricks, slates, coal oil and other articles, the 
products of their mines, for home and foreign markets, as 
may be deemed necessary, by them, to the successful prose- 
cution of their business, and the execution of the powers 
herein granted ; and may build and own boats, trucks, houses 
and other personal property, for carrying on their business ; 
and may dispose of the same, by sale or otherwise ; and may 
receive real estate in payment of stock ; and shall have pow- 
er to construct such wagon-ways or railways, and aj)purte- 
nances thereto, either above or below ground, from their 
mines to such points as they may deem, expedient, and for 
such pui*pose are hereby invested with all needful rights and 
powers. 

§ 3. The said Peru Coal Mining Company, having been contracts le- 
heretofore organized under the general act, entitled "An act g^iized. 
to authorize the formation of corporate companies, for the 
purpose of mining and transportation, by a general law," in 
force August 22d, 1852, it is hereby enacted that all con- 
tracts which have been made by said Peru Coal Mining 
Company with the city of Peru, or any other individual or 
corporation, shall continue in force and be biuding upon the 
parties thereto, in the same manner and with like effect, as 
if this act had not been passed. 

§ 4. The present officers of such company shall continue Officers. 
to hold their respective offices, under the by-laws adopted 
by said company, and until their successors shall be elected. 

§ 5. Said company shall have power to employ such By-laws. 
agents, and define their powers, and to make such by-laws, 
rules and regidations, as they may deem necessary for the 
government and management of said company, not incon- 
sistent with the constitution and laws of this state or of the 
United States. 

§ 6. The capital stock of said company shall be three hun- Capital stock, 
dred thousand dollars, with power to increase the same to 
any sum, not exceeding five hundred thousand dollars, or 
to diminish the same at pleasure. Said stock to be divided 
into shares of one hundred dollars each ; and the holder of 
stock in said company shall, by himself or proxy, be entitled 
to cast one vote for each share so held by him, at all elec- 
tions held by said company, for president managers and 
other officers of said company, or the transaction of any 
business for the same. 

§ 7. The president or other officers employed by the Certificates of 
company shall issue certificates of stock to the holders there- ^*°*^^ 



j_35S COLLEGES, ETC. 

of, whenever the same shall be paid for, which certificates 
shall be countersigned by the secretary, and shall be assign- 
able and transferable only in snch manner and at such 
places as the stockholders of said company shall, by their 
by-laws, prescribe. 
Borrow money § 8. It shall be lawful for the president and directors of 
said company to borrow or obtain on loan any sums of mo- 
ney, and on such terms as they may deem ex|)edient, for 
said company, and issue notes or bonds for the same, se- 
cured by mortgages on the real estate of the company or 
otherwise. 
Tax. § 9. The real and personal estate of said company shall 

be assessed for taxation as other property, but the stock shall 
not be liable to be assessed. 

§ 10. This act shall take effect from and after its 
passage. 

Afpeoyed February 24, 1859 



Id force Feb'j AX ACT to incorporate the Blandinville Seminarr, in the County of McDonough. 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois^ rejpresented in the General AssemUy, That O. F. 

Body politic. Smith, W. A. Shephurd, J. J. Wyatt, W. Hankins, Isaac 
ELretzinger, J. Keithly, D. F. Bair, J. K. Jackson, J. A. 
Kenayer, M. Ambrose, E. Yandemark and A. Wymset, 
and their successors, are hereby created a body pohtic and 
corporate, to be styled and known as "The Trustees of Blan- 
dinviUe Seminary, and the Joint Stock Educational Society 
of the Church of the United Brethren in Christ," with pow- 
er to sue and be sued, to plead and be impleaded ; to take 
and hold real estate and other property, by purchase, gift, 
grant, devise or otherwise ; to lease, convey and dispose of 
the same, for the promotion of the interests of the said in- 
stitution. 

Classes. § 2. The first six of the above named trustees shall be 

divided into three classes, in the order of their names ; the 
term of oflice of the first class shall expire the first Monday 
in October, 1859 ; the term of the second class in one year, 
and of the third class, in two years from that time. The 
stockholders, at their annual meeting, some time in the 
month of September of each year, shall elect, by ballot, two 
individuals to fiill the vacancies which wiU occm* on the first 
Monday of October ensuing. 

§ 3. The remaining six of the above named trustees 
shall also be arranged in three classes, and the annual va- 
cancies occurring shall be filled by the Illinois Annual Con- 



COLLEGES, ETC. 359 

ference of the Chiu'cli of the United Brethren in Christ, at 
its annual sessions. 

§ 4. Vacancies occurring during the year, in either Vacancies, 
branch of the board of trustees, may be filled by the remain- 
ing trustees of that branch. 

§ 5. The joint board of trustees shall have authority, Powers of trus- 
from time to time, to prescribe the course of study to be 
pursued in the institution ; to fix the rate of tuition and other 
expenses ; to appoint the principal, professors, teachers and 
such other ofiicers and agents as may be necessary to man- 
age the concerns of the institution ; to fix their compensation, 
and to displace them when the interests of the institution 
require; to erect suitable buildings, purchase books and 
chemical, philosophical and other apparatus, and all other 
means of instruction, and to put into operation and enforce 
such rules and regulations, for the institution, as they shall 
judge right and proper. 

§ 6. "The said joint board shall pubhsh, in a circular or t^ataiogue. 
catalogue, the course of study prescribed for each sex ; and 
when any student shall have sustained an examination upon 
the studies of the course, satisfactory to the faculty of the 
institution, they shall receive diplomas or certificates of the 
same. 

§ 7. The subscribers to the fund of the institution, to the ^^t^s. 
amount of one hundred dollars, shall be entitled to one vote 
at all the meetings of the stockholders, and subscribers of 
a larger amount shall be entitled to a vote for each additional 
one hundred dollars subscribed and paid, or satisfactorily 
secured to Ae trustees. 

§ 8. The corporation may issue certificates of scholar- Scholarships, 
ship, limited or perpetual, upon such terms as they may de- 
termine, and the benefit of such scholarship shall inure to the 
purchasers thereof, their heirs or assigns, so long as the con- 
dition of the scholarships are faithfully complied with, and 
no longer, except at the option of the corporation. 

§ 9. All profits accruing from tuition or any other Profits. 
source shall be appHed to improve the property of the in- 
stitution, and to increase the facilities for imparting instruc- 
tion. 

§ 10. The lots, buildings, library, apparatus and all Exemption, 
other property, belonging to said corporation is, and the 
same shall be forever exempt from taxation, for state, county 
or corporate purposes. 

§ 11. This institution shall be open to all youth of a Seal, 
good moral character, and the profession of any religious 
faith shall not be required of those who become students. 

§ 12. The joint board, at their first meeting, shall fix 
upon a common seal for the institution ; shall determine the -"^ 

number of their board necessary to constitute a quorum, 
the qualification of their ofiicers, and shaU have power to 
form a code of by-laws, and alter the same : Provided^ they 



360 



COLLEGS, ETC. 



are not inconsistent with the constitution and laws of the 
state. 

§ 13. This act to take effect and be in force from and 
after its passage. 

Appeoved February 24, 1859. 



In force Febru- 

arj IS, 1859. 



Corporators, 



Trustees. 



Meetings. 



Vtte 



A^^ ACT to incorporate tlie Charleston Academj. 

Sectioist 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That for the 
purpose of establishing and maintaining an institution of 
learning of a high grade at the town of Charleston, in the 
county of Coles, Albert Compton, Aaron Ferguson, George 
W. Teel, John F. Parcels and E. H. Starkweather, and their 
associates and successors, are hereby constituted a body cor- 
porate, by the name of "The Charleston Academy," with 
perpetual succession, and power to sue and be sued, either 
at law or in equity; to have and use a common seal and alter 
the same at pleasure ; to take and hold real estate and per- 
sonal property, by gift, grant, devise or purchase, and to 
rent, lease, sell, convey or in any wise dispose of the same, 
according to the by-laws of said incorporation. 

§ 2. The five persons above named shall constitute the 
first board of trustees of said academy and shall cause books 
to be opened at the town of Charleston within %ree months 
from the passage of this act, for subscription to the stock of 
said academy, in shares of fifty dollars each. That so soon 
as the sum of twelve hundred and fifty dollars shall have 
been subscribed, the said trustees shall call a meeting of the 
stockholders herein, who shall proceed to elect a board of 
trustees, to consist of not less than five nor more than nine 
stockholders, the number to be determined by a vote of the 
stockholders present, which said trustees shall continue in 
office until Friday after the fourth of July, 1860, and until 
their successors are elected. 

§ 3. There shall be an annual meeting of the stockhol- 
ders in this incorporation, on the Friday after the fourth of 
July in each year, for the purpose of transacting of business, 
and to elect trustees for the ensuing year, to which meetings 
the trustees shall make a report of the general condition of 
the academy, setting forth particularly the character of the 
instruction imparted, the number of teachers and puj)ils and 
the financial condition of the incorporation. 

§ 4. At all meetings of the stockholders, each stock- 
holder shall have one vote for each share of [stock] he may 
hold in said corporation. 



COLLEGES, ETC. 361 

§ 5. The trustees or any ten stockholders may call stock- Special meet- 
holders' meetings by giving five days' notice thereof. ^°^^* 

§ 6. The principal building or the site of the same shall 
not be sold by the trustees, without the consent of three- 
fourths of all the stockholders, counting by shares, in said 
incorporation. 

§ 7. The trustees shall have power to appoint and for Powers of trus- 
good cause dismiss all such professors, teachers, officers and *^^^- 
servants of the academy as the by-laws may designate, and 
also to confer upon such students as are properly qualified, 
the degrees usually conferred by such institutions in this 
state. 

§ 8. The rents and profits arising from the real or per- Profits, 
sonal property, tuition fees, or other sources, after paying 
all expenses and liabilities of the said incorporation, may be 
divided among the stockholders, according to the number of 
shares held by each. 

§ 9. The trustees, with the consent of three-fourths in Sale of pro- 
interest of the stockholders, may, at any time, dispose of P^'^*^' 
site and buildings of the said academy to the directors of the 
school district in which it is situated or the united boards of 
directors of the neighboring districts, for the purpose of 
forming a union school, under the laws of this state ; and in 
case of a sale for that or any other purpose, the proceeds of 
said sale shall be divided ^j>r^ rata among the stockholders. 

§ 10. The trustees shall have power to make suitable By laws, 
by-laws for the regulation of the business of the incorpora- 
tion and the proper conducting of the said academy, by 
which they may designate the number and names of the ne- 
cessary officers of the incorporation, also the number and 
qualifications of the several professors and teachers, and 
regulate their compensation and the amount of the tuition 
fees to be charged and the course of study to be pursued, 
also provide for the dismission or other punishment of re- 
fractory students. 

§ 11. The property, both real and personal, belonging to Exemption, 
this incorporation, shall be forever exempt from taxation: 
Provided^ that this section shall not extend to more than 
twenty-five thousand dollars in value of personal property, 
nor to more than forty acres of real estate. 

Approved Februaiy 19, 1859. 



A^ ACT to incorporate the Dover Academv. In force Feb y 

24, 1859. 

Whereas John Belangie, Wilham C. Stacy, Marshal A. 

Abel, Ariel Kellogg, Flavel J3ascom, and various other Preamble, 
persons, have heretofore become associated together for 



362 



Powers, 



the purpose of erecting suitable buildings and establisli- 
ing an academy in the village of Dover, in Bureau county, 
in pursuance of which association, said persons above 
named and their associates, have erected buildings and 
established an academy, as aforesaid; therefore. 
Section 1. Be it enacted hy the Peoj)le of the State of 
Illinois^ ^represented in the General Assembly^ That John Be- 
Corporators. langie, William C. Stacy, Marshal A. Abel, Ariel Kellogg 
and Flavel Bascom and the other stockholders of said asso- 
ciation, mentioned in the preamble hereof, who have paid 
the amount of stock by them subscribed, and their successors 
and assigns, be and they are hereby created a body politic 
and corporate, by the name and style of " The Dover 
Academy," and by that name and style to have per]3etual 
succession, for the purpose of maintaining an institution of 
learning as herein contemplated. 

§ 2. The corporation hereby created shall have power, 
by their corporate name, to contract, to sue and be sued, to 
acquire and receive and hold, by purchase or otherwise, pro- 
perty, real, personal and mixed, and to use, manage, sell and 
dispose of all such property or money, belonging to said in- 
corporation, in such manner as to them shall seem proper 
for the promotion of the objects and interests of said corpo- 
ration ; to make, have and use a common seal and to alter 
the same at pleasure, and to make and establish all such 
rules, by-laws and regulations for the manjtgement of said 
institution and corporation as they may deem proper and 
not inconsistent with the laws of this state. 

§ 3. Said corporation shall have a board of trustees, con- 
sisting of five members, who shall be stockholders in said 
institution and who shall be elected by the stockholders at 
such times and in such manner as the rules and by-laws of 
said corporation shall determine. The trustees shall choose 
from their own number a president, secretary and treasurer, 
whose duties shall be prescribed by the by-laws of the cor- 
poration. The said John Belangie, William C. Stacy, Mar- 
shal A. Abel, Ariel Kellogg and Flavel Bascom, are here- 
by constituted the board of trustees of said corporation, to 
continue in office till others are chosen in their stead. 

§ 4. The trustees shall have authority to prescribe and 
regulate the course of study pursued in the academy, to fix 
the rate of tuition, to appoint a principal and such teachers 
as may be deemed necessary, to define their duties, fix their 
compensation, dismiss and remove them, to provide suitable 
buildings, purchase books and apparatus for the benefit of 
said institution. The academy shall be open to both sexes 
and to all religious denominations, and no particular religi- 
ous faith or denominational connection shall be required of 
teachers or pupils. 
Bj-iaws. § 5. The articles of association of the said Dover 

academy and the by-laws, rules and regulations of said asso- 



Trustees. 



Powers of trus- 
tees. 



COLLEGES, ETC. 363 

elation heretofore formed, not inconsistent with this act, 
shall be and remain the rules and regulations and by-laws of 
the corporation hereby created until repealed or changed by 
said corporation ; and all the property, rights and credits of 
said association, shall be and are hereby vested in the cor- 
poration hereby created, with full power in said corporation 
to maintain actions for the recovery of any such rights and 
credits, if necessary, whether the same have accrued to said 
association by voluntary subscription or otherwise ; and said 
corporation shall have power to secure, upon the property of 
said corporation, any person or persons who have advanced 
money or moneys for the benefit of said association hereto- 
fore existing, the amount by them so advanced. 

§ 6. This act to be in force from and after its passage. 

Appkoved February 24, 1859. 



AN ACT to incorporate the Ewing Female University. In force Febru- 

ary 19, 1859. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in \the'] General Assembly, That the 
trustees and proprietors of the Ewing Female University, in Body politic, 
the city of Knoxville, Knox county, Illinois, are hereby con- 
stituted a body corporate and politic, by the name of " The 
Ewing Female University," located and always to remain 
at the said city of Knoxville, for the pm-pose of promoting 
collegiate and academic female education. 

§ 2. All the subscriptions, moneys, receipts, personal 
property, real estate and other assets and claims in favor of 
and all liabilities against the Ewing Female University, 
shall legally vest in and rest upon the following named per- 
sons and their successors in olfice, who are hereby consti- 
tuted a corporate board of trust for said university: John G. Board of trust. 
Sanburn, H. IS'elson, Kirghtley Cephus Arms, John Eads, 
John W. Carnes, George A. Charles, Patrick H. Sanford, 
Alvah Wheeler, Orville B. Palmer, Abraham Leightner, 
Edson Huggins, Zelotes Cooley, James Knox, Calvin Water- 
bury, Leander Douglass, Hugh S. Woods, Wm. H. Whitton, 
* Harvey Curtis, William Y. Miller, George M. Ewing, Isaac 
Carey, Charles Holland, Miles Smith and H. Knox Taylor. 

§ 3. The trustees of said university are hereby fully Powers of trus. 
authorized and empowered, in their corporate name, to collect *®^^* 
all subscriptions or donations, devises or bequests, which 
may have heretofore been made, or which shaU hereafter be 
made to and for the use and benefit of the said university, 
or for the purpose of founding and establishing the same. 

§ 4. Said board of trustees, when full, shall be composed Election of the 
of twentv-four trustees, and this number shaU be perpetu- trustees. 



364 COLLEGES, ETC. 

ated by successors elected by the proprietors and by the 
Presbyterian Synod of Peoria, in manner as follows : on the 
second Monday of January in the year eighteen hundred 
and sixty, the board of trustees shall meet, and the half first 
and second named shall, by lot, for themselves separately 
Classes. divide each its own half into four equal classes ; the term of 

office of the first class shall expire by the second Monday in 
January, eighteen hundred and sixty-one, that of the second 
class in one year, that of the third in two years, and that of 
the fourth in three years thereafter. The said Synod of 
Peoria, may, at each of its annual meetings, commencing in 
the year eighteen hundred and sixty, elect three trustees for 
said university, to hold their office in said board for the term 
of four years from the second Monday in January next fol- 
lowing their election ; said Synod may also Ull any other 
vacancy occurring in the last named half of the board of 
trustees of said university. The first half of the trustees 
named in this board of trust for said university shall be per- 
petuated in succession as follows : this board shall give to 
each donor or his legal representative, a certificate of one 
share for each fifty dollars paid into the fund of said univer- 
sity, except the moneys paid by and for the Synod of Peo- 
ria ; each share shall entitle its legal holder, in person or by 
proxy, to one vote in the election of trustees ; the said shares 
to be transferable on the books of the company. Said share- 
holders, in a meeting for this jDurpose, held on the first Mon- 
day in November, in the year eighteen hundred and sixty, 
and on the same day in each year thereafter, shall elect three 
trustees of said university for the term of four years from 
the second Monday in January next following their election, 
and also fill all other vacancies which may have occurred in 
the first named half of the board of trustees of said univer- 
sity. The secretary of the board shall give public notice in 
the city of Knoxville, at least ten days before the time of 
the holding of said annual meeting, to the shareholders. 
If in any year said shareholders or said Synod fail to elect 
trustees to fill the vacancies in said board for the next year, 
the trustees shall at their meeting on the second Monday in 
January next following, fill such vacancies by electing the 
requisite numbers of trustees, each half to fill its own vacan- 
cies. 
Powers of trus- § 5. The board of trustees shall possess the powers and 
tees. jjg subject to the liabilities which are usual to corporate 

bodies, but they shall use the powers hereby conferred with 
sole reference to the object for wliich this corporation is 
granted, namely, the promotion of academic and collegiate 
female education. To this end the said board of trustees 
shall have full power to sue and be sued, plead and be im- 
pleaded, to have and use a common seal, which they may 
change at pleasure, to purchase, receive, hold, lease, mort- 
gage, sell and convey estate, real and personal, to appoint 



COLLEGES, ETC. 865 

and remove officers and agents of said board and to require 
security of any or all officers or agents for the faithful per- 
formance of their duties, prescribe the course of study, ap- 
point and remove the president, professors, teachers and 
agents for instructing and governing the pupils, fix the com- 
pensation for services rendered, and for board and tuition of 
scholars, erect suituble buildings, procure apparatus, furni- 
ture and fixtures as they may be needed, make all rules and 
regulations necessary for governing said school, endow pro- 
fessorships, receive, hold and apply donations entrusted to 
them, confer such literary honors, degrees and diplomas as 
may be conferred by other universities and colleges of this 
state, and perform all other duties implied in this trust and 
embraced in the object of this charter, subject to the laws of 
the United States and of the state of Illinois. 

§ 6. A majority of said board of trustees regularly Quorum, 
assembled shall constitute a quorum for the transaction of 
all the business of said corporation, except that in electing 
and dismissing members of the faculty, buying, selling, 
mortgaging or leasing real estate, an affirmative vote of at 
least thirteen members of the board of trustees shall be re- 
quired ; and ail conveyances of anyji-eal estate belonging to 
said corporation shall be signed by the president of the 
board of trustees, in his official capacity, and acknowledged 
before any officer authorized to take and certify acknowl- 
edgments by the laws of the state of Illinois. 

§ 7. No religious test shal